Order now

Welcome to reMarkable support

All you need to know about reMarkable 2

Trending questions

See all FAQs
Get to know reMarkable 2

Categories

Purchase and delivery

Setup and use

Products

How to get the most out of your reMarkable

How-to videos

How to transfer files reMarkable 1 to reMarkable 2

Share files via email

Set up your reMarkable

Organize your files

Convert handwritten text

Import and export files

How to transfer files reMarkable 1 to reMarkable 2

Share files to email

Set up your reMarkable

Organize your files

Convert handwritten notes

Import and export files

More resources

You can use this section to find the best way to contact us for the help you need.

What is your question about?

    • The official shipping schedule for reMarkable 2 can be found here. It’s continuously updated with the most recent and accurate information we have available. This schedule is also the same schedule used by our support team, so they’re not able to provide any more detail than what is listed via the above link. 

      For reMarkable 1 the delivery times for each country can be found in our webshop.

      Once your order has been sent from our warehouse, you’ll receive an email and text from DHL with shipping information and tracking details.

      Read more:

       

    • When your order is ready for shipping you will receive an email from team@remarkable.com with your tracking number and a tracking link. You will be able to track your order as soon as it has shipped, as seen below

      You can also track your order on DHL’s website by following this link and using your waybill number provided by DHL. You will receive a notification from DHL once your shipment is out for delivery.

      Please make sure to check your spam folder if you have not received tracking details for your order. 

      Aftership_tracking.png

      Read more:

       

    • Yes, you can change the shipping details for your order. When your paper tablet is ready for shipping, you will be able to change your delivery details, such as the delivery method and address, via a link in the shipping confirmation email from DHL.

      Once your order has been shipped, you will receive the confirmation email in question from DHL, which also has all your tracking information. This service is free of charge. 

      Please note that you need to get in touch with one of our support agents here if you need to change your phone number or country of residence.

       

       DHL_ODD.JPG

      By following the link in this email from DHL you can easily update your preferred shipping details. 

      Read more: 

    •  

      1_vs_2_-simple_white___just_photo_.png

      The main differences between reMarkable 1, and our next-generation paper tablet are:

       

       
      • reMarkable 2 has up to two weeks of battery life. That’s three times longer than reMarkable 1
      		      
       
      • reMarkable 2 is the world’s thinnest tablet. At only 4.7 mm reMarkable 2 is 30% thinner than reMarkable 1
      		  
       
      • reMarkable 2 features the second-generation CANVAS display, which reduces the writing latency to just 21 ms, making it up to twice as fast as reMarkable 1.
      		  
       
      • reMarkable 2 boasts a wide array of accessories that snap magnetically to the device
      		  
       
      • reMarkable 2 features USB-C for fast charging and data transfer
      		  


      Read more:

    • reMarkable is not currently offering a trade-in program for reMarkable 1 owners. For current reMarkable 2 offers, please visit our webshop, or subscribe to our newsletter at remarkable.com.

    • Software updates

      Absolutely. We haven't forgotten the original paper tablet, and plan to continue updating the software and improving the overall user experience. You can find a guide on how to update your reMarkable here.

      Purchasing reMarkable 1 and necessary accessories

      Accessories for reMarkable 1 are now available in our webshop. The reMarkable 1 paper tablet will be available for purchase in the near future.

       

      Our customers’ satisfaction is important to us, and we want you to keep using your paper tablet for years to come. 

       

      Read more:

    • Unfortunately, the new Markers are calibrated differently due to changes in the screen. reMarkable 2 also has different physical dimensions and will not fit in a reMarkable 1 Folio. However, Marker tips for reMarkable 1 are compatible with reMarkable 2, and vice versa. 

      Marker, Marker tips, and folios for reMarkable 2 are available for purchase in our webshop.

      Read more:

    • The new Marker and Marker Plus have been designed specifically to work in conjunction with reMarkable 2’s second-generation CANVAS display. We can therefore not guarantee an optimal experience if used with the reMarkable 1.

      However, Marker tips for reMarkable 1 are compatible with reMarkable 2 and vice versa.

       

      Markers for both reMarkable 1 and reMarkable 2 are available in our webshop. 

       

      Read more:

    • No, but it’s something we’re considering for the future.

    • Yes. You can use LiveView to instantly show what you are writing or sketching on your computer. Note that you must be connected to Wi-Fi and logged into your desktop app to be able to use LiveView.

      Read more about LiveView here.

    • The menu language on reMarkable is English. 

      The handwriting conversion feature currently supports the following languages:

      Basque, Bulgarian, Catalan , Croatian, Czech, Danish, Dutch, English (Canada), English (United Kindom), English (United States), Estonia, Finnish, French (Canada), French (France), Galician, German (Austria),German (Germany), Greek, Hungarian, Icelandic, Irish, Italian, Latvian, Lithuanian, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenia, Spanish and Swedish.

      Available keyboard languages are American English and norsk bokmål. Select your keyboard language in Keyboard settings. 

       

      Read more: 

    • If you're left-handed, don't worry. A few of our colleagues are also left-handed. They want to make sure all lefties have an excellent experience with their reMarkable device.

      You'll be able to set up your reMarkable to left-handed mode when you first set up your device. We've also made it easy to switch between right-handed and left-handed modes in the main settings.

      How to select left hand mode:

      Just like on reMarkable 1, activating left-handed mode on reMarkable 2 involves following a few simple steps in the settings menu.

      1. Go to settings in the sidebar menu
      2. Tap accessibility
      3. Choose left or right-handed mode.

       

      Read more:

    • You can read DRM-free ePUB ebooks on the reMarkable, as well as PDFs. Kindle ebooks are not supported. You can find more information about reading ebooks on the reMarkable 2 here.

       

      Note: You can now read web articles on reMarkable with our extension for Google Chrome, Read on reMarkable.

    • It is not possible to split a reMarkable bundle, all products have to be returned together. If you return within 30 days after delivery you will receive a full refund.

      If you want to switch or upgrade your Folio or Marker the whole bundle has to be returned. This way you can place a new order with your preferred accessories in our webshop. 

      Note: This only applies when returning for a refund. If you are returning a reMarkable for repair/replacement, please do not include the Folio or Marker. 

      Read more:

    • As soon as your return package is received and processed at our facility, we will issue you a refund or send you a replacement. We will notify you once the return is checked, and confirm your refund or replacement. 

      *You will be issued a refund within 10 days once the package has been processed at our facility.

      *For returns for repair/replacement, please allow 10-20 working days before your repaired/replaced product is issued.

      Read more:

       

    • Unfortunately, it's not possible to change the pickup appointment once it's been scheduled. If you're unable to arrange pickup at this date you have two options:

      1) Bring your return to a DHL office and hand it over to one of their staff members. Please make sure to hand them the three copies of the proforma invoice. Note: Do not place these inside the box.

      2) Submit a new return request in order to book a new pickup date. In this case, be sure to print new documents, as the old ones will have expired.

      Read more:

    • The shipping label and proforma invoice can be found under the My returns tab at remarkable.12return.com. The shipping label can be found under Shipping and the proforma invoice under Return information. 

      1) Print one copy of the shipping label and make sure it comes out on two different sheets. The first part must be glued/taped to the outside of the box, and the second part is for you to keep as a receipt.

      2) Be sure to print three copies of the proforma invoice and hand these over to DHL upon pick-up/drop-off. Do NOT put any documents inside the box.

       

       

      Return_documents.png

      Read more: 

    • Unfortunately, booking a pickup with DHL only works one time with one return request. If DHL did not arrive at the scheduled time you will need to submit a new return request in order to book a new pickup appointment. You can create a new return request by logging into your account at remarkable.12return.com. You will need to print new shipping labels now, as the previous shipping labels have expired.

      * To avoid going through the process all over again you can drop the package off at one of DHL's offices along with the three copies of the proforma invoice and the second part of the shipping label. 

       

      Read more:

       

    • If your return has been sent back to you, this is most likely due to missing documents. Unfortunately, it's not possible to book a pickup more than once with one return request. To resend the return, a new return request will need to be submitted at remarkable.12return.com. Please be sure to print new documents, as the old ones will have expired.

      During the handover to DHL please be sure to provide the three copies of the proforma invoice and the second part of the shipping label to the courier. Do not place the documents  inside the box

      The shipping label and proforma invoice can be found under the My returns tab at remarkable.12return.com. The shipping label can be found under Shipping and the proforma invoice under Return information. 

      *Please be sure to use the correct information when submitting your return request. If your order ID isn't correct our systems will reject it automatically. In addition, if you're now outside the 30-day return period be sure to include your ticket ID in the reason for return field when submitting the return request, in order to get your request approved.

      Read more:

       

    • reMarkable 2 replaces your notebooks and printed documents, without sacrificing the feel of paper. It’s a next-generation paper tablet for taking handwritten notes, reading, and reviewing documents. Boasting a groundbreaking new display, weeks of battery, and a paper-thin design, it’s the most advanced paper tablet yet. reMarkable 2 was also designed to help you focus, no social media, notifications, or pop ups, just you and your thoughts. 

      RM2Basic_Device_StandingDouble_Revision1__PREVIEW.png

       

      Specifications: 

      • 4.7 mm (0.19 in) thin — the world's thinnest tablet
      • 188 x 246 x 4.7 mm (7.4 x 9.6 x 0.19 in)
      • 403.5 g (0.89 lb)
      • Wi-Fi connected
      • 8 GB internal storage
      • Up to two weeks of battery
      • Automatically synced to your phone and computer with the reMarkable cloud service

      Technical specifications

       

      		 Size

      188.0 x 246.0 x 4.7 mm

       

      		 Weight

      403.5 g (0.89 lb)

       

      		 Thickness

      4.7 mm (0.19 in)

       

      		 Screen size

      10.3″

       

      		 Storage

      8 GB internal storage

       

      		 Menu language

      English

       

      		 Operating system

      Codex, a custom Linux-based OS

       

      		 RAM

      1 GB LPDDR3 SDRAM

       

      		 Processor

      1.2 GHz dual core ARM

       

      		 Battery

      Rechargeable

       

      		 Supported file formats

      PDF and ePUB

       

      		 Palm rejection?

      ✓

       

      		 Backlight?

      No backlight

       

      		 Memory card?

      External memory cards are not supported

       

      		 Charging

      USB-C

       reMarkable_-_Produkfilm_2019_1.44.1.jpg

      Visit our homepage for more information about reMarkable 2.  

       

      Read more:

    • Our paper-like display has been redesigned from the ground up, resulting in the second-generation CANVAS display. It’s a completely new display technology that makes reMarkable 2 up to twice as responsive as its predecessor, and even closer to paper. The reMarkable is among the most responsive digital paper tablets the industry has ever seen with a record-breaking 21 ms of latency.

      reMarkable_-_Produkfilm_2019_2.1.1.jpg

       

      With reMarkable 2 we have improved the contrast of the display, making sure it gives a great writing and reading experience.

      reMarkable_-_Produkfilm_2019_1.11.1.jpg

       

      Specifications

      • 10.3” monochrome digital paper display (no colors)
      • 1872 x 1404 resolution (226 DPI)
      • Multi-point capacitive touch
      • Paper-like surface friction
      • Sunlight readable
      • Partially powered by E Ink technology
      • 4096 levels of pressure sensitivity


      reMarkable2288_red.jpg

       

      Read more:

    • reMarkable 2 is charged with a USB-C charger. The battery indicator on the home screen will indicate that the device is charging.

      RM2Basic_Device_DETAILPOGO_USB__Revision5__PREVIEW.png

      Battery

      • Lithium-ion (Li-ion) battery
      • 3000 mAh
      • Up to two weeks of battery

      If you are experiencing issues with charging your reMarkable 2, please contact us here. 

       

      Read more:

    • The power button is located on the top left corner of your reMarkable 2. It’s used for powering on and off, as well as the sleep and wake functions. 

      RM2Basic_Device_DETAILBUTTON_Revision4__PREVIEW.png

      How to use the power button

      • Put the device in sleep mode by pressing the power button once. The ‘reMarkable is sleeping’ message will appear on the screen.
      • Wake the device by pressing the power button once.
      • Turn off reMarkable 2 by pressing the power button for 3 seconds. You will then be asked whether you want to turn off the device or not.
      • Turn on reMarkable by holding in the power button until the screen flashes from black to white.

      Read more about sleep and other power-saving modes in power settings.

    • Marker

      The Marker is an inseparable part of the paper-like experience. It's designed to deliver just the right friction and draws digital ink on reMarkable with incredibly low lag. An exceptionally precise tool, down to the smallest details. 

      Specifications

      • No battery, setup, or pairing required
      • Special high-friction Marker tip
      • 4096 levels of pressure sensitivity
      • 50 degrees of tilt provides an exceptional writing experience
      • Weight: 15 g

      RM2Basic_Device_Marker_DetailMarkerFastened_REVISION1_.png

      Marker Plus 

      Marker Plus is an unrivaled digital writing instrument. Weighted for a balanced, authentic writing experience. A second sensor on the Marker Plus’s top end, allows you to erase by flipping it upside down. 

      Specifications

      • No battery, setup, or pairing required
      • Special high-friction Marker tip
      • 4096 levels of pressure sensitivity
      • 50 degrees of tilt gives an exceptional writing experience
      • Eraser
      • Weight: 19 g

      The Marker and Marker Plus are available for purchase in our webshop.

      RM2Basic_Device_Marker_Eraser_REVISION2__PREVIEW.png

      Marker tips 

      The Marker tips are carefully designed to deliver a paper-like writing experience. reMarkable comes with 10 spare Marker tips, stored in a Marker tip card. 

      RM2Basic_MarkerTipCard_BENT_REVISION4__PREVIEW.png

      How long do the Marker tips last?

      The durability of Marker tips depends on writing technique and amount of use. Our best estimate for an average user is anywhere from three to seven weeks. 

      Marker tips are available for purchase in our webshop.

       

      Will the new Marker Plus, or the Marker for reMarkable 2 work on my reMarkable 1?

      The new Marker and Marker Plus have been designed specifically to work in conjunction with reMarkable 2’s second-generation CANVAS display. We can therefore not guarantee an optimal experience if used with the reMarkable 1.

      However, Marker tips for reMarkable 1 are compatible with reMarkable 2 and vice versa.

       

      Read more: 

    • Folio

      The original sleeve for reMarkable 2, in polymer weave. Protection for your paper tablet and Marker.  RM2Basic_Sleeve_FlatTop_m_device_v02.png

      Book Folio

      The new Book Folio allows you to keep your reMarkable in its cover while you’re working. Designed in conjunction with reMarkable 2, Book Folio provides smart and functional protection for your paper tablet. 

      rM_preorder-launch2020_blogpost_GIF.gif

       

      Find the Folio that's best for you in our webshop. 

      remarkable1063_red.jpg

      Will the Folio I got with my reMarkable 1 work with reMarkable 2?

      reMarkable 2 has different physical dimensions and will not fit in a reMarkable 1 Folio.

       

      Read more: 

       

    • WARNING: Failure to follow these safety instructions could result in fire, electric shock, injury, or damage to the reMarkable paper tablet or other property. Read all the safety information below before using the device.

       

      Handling

      Handle the reMarkable device with care. When transporting it, we advise you to keep your device in a folio to protect it. The device contains sensitive electronic components that can be damaged if dropped, cracked, burnt or bent. Do not attempt to insert foreign objects into the device.

      Don’t use the reMarkable device or its accessories in rain or near other wet locations, as it contains electrical components that can be damaged if it comes in contact with liquid. If your device gets wet, unplug all cables and let the device go into sleep mode. Let the device dry completely before turning it on by pressing the power button. Do not attempt to dry your reMarkable with an external heat source, such as a microwave oven or hairdryer.

       

      Cleaning

      Before cleaning reMarkable and its accessories, unplug all cables and turn off the device (press the power button for 4 seconds and tap 'Turn off'). Slightly dampen a soft and lint-free cloth with water. Do not use window cleaners, solvents, aerosol sprays, household cleaners, alcohol, ammonia, or abrasives as this may damage the device permanently. Avoid getting moisture into any of the openings.

       

       

      Operating temperature

      Don't expose the reMarkable device to extreme heat or cold. The device is designed to be used in temperatures between 0° and 35° C (32° and 95° F) and stored in temperatures between -10° and 45° C (14° and 113° F).

       

      Repairing

      If your reMarkable needs service, do not open the device or attempt to repair it yourself. Disassembling the device may damage the device or cause injury to you. Please contact our customer support for more information.

       

      Battery

      The battery in the reMarkable should only be repaired or replaced by qualified personnel. Please contact our customer support for more information.

      NOTE

      Damaged batteries should be treated as hazardous materials. Do not return the device if the battery is swelling, leaking, or if you in any other way suspect that the battery is damaged. In this case, please document it with a picture or a video and make sure you dispose of or recycle the reMarkable and its accessories according to local laws and regulations. Do not puncture, drop or incinerate the battery.

       

      Charging

      The USB cable included with the device is certified to meet the criteria of the USB-IF Compliance Program. Charge the device with the cable included with the device or with cables and power adapters that are compatible with USB 2.0 or later and meets the requirements of USB-IF Battery Charging Spec, Rev 1.2.

       

      Choking hazard

      The device and accessories contain small parts that may present a choking hazard and must be kept away from small children.

       

      Distraction

      Using the reMarkable device can be distracting and may possibly cause dangerous situations. Avoid using the device while operating a vehicle.

       

      Radio frequency energy exposure and interference

      The reMarkable uses radio signals to connect to Wi-Fi. It is designed and manufactured not to exceed the exposure limits for radio frequency energy as set by the Federal Communications Commission of the United States (FCC). For more information read the FCC Compliance Statement or input your device’s FCC ID (which can be found on the back of your device) into the FCC ID search form available at https://www.fcc.gov/oet/ea/fccid.

      Although the reMarkable complies with the regulations governing RF emission, the energy exposure from the device may negatively affect the operation of other electronic equipment.
      To prevent possible interference or danger, Wi-Fi on the device should be turned off in areas where a wireless connection is forbidden, such as within an aircraft system. Be aware that RF signals could constitute a hazard in areas such as health care facilities or construction sites, and use of Wi-Fi may be restricted. The device should not be used or charged with potentially explosive atmospheres.

       

      Medical device interference

      The reMarkable contains magnets, as well as components and radios that emit electromagnetic fields. These may interfere with personal medical devices, such as pacemakers or defibrillators, that are sensitive to magnetic and electromagnetic fields.
      Ensure to maintain a safe distance between the reMarkable and your medical device, and consult with a physician if interference is observed.

      Note that objects with magnetically-stored data may be sensitive to magnetic or electromagnetic fields. Hence, items such as credit cards and hard drives should not be placed near the device.

    • Damaged batteries should be treated as hazardous materials. Do not return the device if the battery is swelling, leaking, or if you in any other way suspect that the battery is damaged. In this case, please document it with a picture or a video make sure you dispose of or recycle the reMarkable and its accessories according to local laws and regulations. Do not puncture, drop, or incinerate the battery.

    • In accordance with the European Union’s directive (2012/19/EU) on the Waste of Electrical and Electronic Equipment (WEEE), this symbol on the product or on its packaging indicates that this product must not be disposed of with your other household waste. Instead, it is your responsibility to dispose of your waste equipment by handing it over to a designated collection point for the recycling of waste electrical and electronic equipment. The separate collection and recycling of your waste equipment at the time of disposal will help to conserve natural resources and ensure that it is recycled in a manner that protects human health and the environment. For more information about where you can drop off your waste equipment for recycling, please contact your local city office, your household waste disposal service or the shop where you purchased the product.

      recycling.png

    • The device is certified for Natural Resources Canada Energy Efficiency.

      NRCAN.jpg

    • CE.png

      reMarkable declares that this equipment is in compliance with the essential requirements and other relevant provisions of Directive 2014/53/EU

      Requirements in AT/BE/BG/CZ/DK/EE/FR/DE/IS/IE/IT/EL/ES/CY/LV/LI/LT/LU/HU/MT/NL/NO/PL/PT/RO/SI/SK/TR/FI/SE/CH/UK/HR. 5150MHz~5350MHz is for indoor use only

      SAR is measured with the device at 0 mm to the body, while transmitting at the highest certified output power level in all frequency bands of the device. The maximum SAR value is 0.713 W/kg (head/body) averaged over 10 grams of tissue.

      Operation Frequency

      Max RF output power

      2.4G

      Wi-Fi:802.11b/g/n(20MHz):2412~2472MHz

      5G

      Wi-Fi: 5.15-5.25GHz; 5.725-5.845GHz,

      802.11a; 802.11n(HT20/HT40), 802.11ac(VHT20/ VHT40/VHT80)

       

       

      2.4G:  11.57 dBm

       

      5G:  9.61 dBm

       

    • FCC.png

       

      Remarkable 2 (Model RM110)  FCC ID: 2AMK2-RM110

      Changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.

      This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

      1. this device may not cause harmful interference, and
      2. this device must accept any interference received, including interference that may cause undesired operation.

       

      Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy, and if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

       Reorient or relocate the receiving antenna.

      • Increase the separation between the equipment and receiver.
      • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
      • Consult the dealer or an experienced radio/TV technician for help.

       

      This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. The End user must follow the specific operating instructions for satisfying RF exposure compliance. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.

      The device is designed to meet the requirements for exposure to radio waves established by the Federal Communications Commission (USA). These requirements set a SAR limit of 1.6 W/kg averaged over one gram of tissue. The highest SAR value reported under this standard during product certification for use when properly worn on the body is 1.164W/kg.

       

       

       

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: October 2nd, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Orders placed on behalf of a business is governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S)

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Cloud Subscription, subject to separate terms available on www.remarkable.com/legal. A standard Cloud Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. CONTRACT FORMATION

      These Terms, together with the Order Confirmation, form the agreement between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store’s Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable.

      The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any delays.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Cloud Subscription is subject to its own terms and separate of this Agreement with the exception of termination. Any termination of this Agreement in accordance with clause 6 will automatically lead to termination of any Cloud Subscription.

      1. PRICE AND PAYMENT TERMS

      The total purchase price for the Product(s) and/or accessories are displayed in the ordering process on www.remarkable.com/store.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency, e.g. either Australian Dollar or New Zealand Dollar, and where applicable include Goods and Services Tax.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays for the estimated delivery date in the order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” on reMarkable’s website or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as necessary for the delivery to occur.

      1. CANCELLATION

      The Customer may cancel the Order made, as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under local consumer protection laws and regulations.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Agreement within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wishes to withdraw from the Agreement, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Agreement received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Agreement in full, any Cloud Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same payment method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      Our goods come with guarantees that cannot be excluded under applicable Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Nothing in this clause affects your legal rights. If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      EXCEPT FOR THOSE RIGHTS AND REMEDIES THAT THE CUSTOMER HAS IN RESPECT OF THE GOODS OR SERVICES UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE LAWFULLY EXCLUDED, RESTRICTED OR MODIFIED, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. This shall not affect purchases already made and accepted. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      The Customer shall not commence Court proceedings without first giving reMarkable 28 days in which to resolve the complaint.

      The legal venue shall be Sydney, Australia.

      1. APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: March 17th, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information.

      Orders placed on behalf of a business is governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency, e.g. either Australian Dollar or New Zealand Dollar, and where applicable include Goods and Services Tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.

      The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION OF PRE-ORDER

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      Our goods come with guarantees that cannot be excluded under applicable Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Nothing in this clause affects your legal rights. If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories, except to the extent caused by reMarkable's default.

      1. LIMITATION OF LIABILITY

      EXCEPT FOR THOSE RIGHTS AND REMEDIES THAT THE CUSTOMER HAS IN RESPECT OF THE GOODS OR SERVICES UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE LAWFULLY EXCLUDED, RESTRICTED OR MODIFIED, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      The Customer shall not commence Court proceedings without first giving reMarkable 28 days in which to resolve the complaint.

      The legal venue shall be Sydney, Australia.

      1. APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: October 2nd, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in Canadian Dollar, and where applicable include goods and services tax and harmonized sales taxes. Delivery cost depends on the shipping option chosen by the Customer and is displayed separately in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping as well as the name of the carrier, if any, and the method of transportation is detailed in the order process.

      The estimated dispatch and delivery date will be stated in the order process and included in the Order Confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted by e-mail of any changes impacting the delivery of your ordered Product(s) and/or accessories. To the extent permitted by applicable law, reMarkable shall not be held liable for delays in the estimated delivery date for the order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option and deemed to have occurred after the first attempt of delivery of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION OF PRE-ORDER

      Without limit to any other rights Customer may have in accordance with applicable law, the Customer may cancel the Order made as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to delivery, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time and in accordance with applicable law.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after delivery is made, or deemed to have been made, in accordance with clause 4 are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wishes to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee set off against the purchase price already paid and to be refunded.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information, available on www.remarkable.com. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from when the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the user manual or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under applicable law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories under these Terms to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These Terms may not be varied except with our express written consent.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION; APPLICABLE LAW

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      These Terms, and any dispute of any sort that might arise between you and reMarkable and that cannot be resolved in the first instance through reMarkable’s Customer Service, shall be governed by the laws of the Province of Ontario, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein, and any disputes may be submitted to the courts of competent jurisdiction of the City of Toronto (Ontario), which courts shall have exclusive jurisdiction to hear such disputes. Nothing herein is intended to prevent the parties from agreeing to resolve any dispute that may arise using any other procedure that is available in law, including by way of binding arbitration under terms and conditions as the parties may agree.

      The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: March 17th, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information.

      These Terms only apply to purchases by individual, end-user Customers.  Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in Canadian Dollar, and where applicable include goods and services tax and harmonized sales taxes. Delivery cost depends on the shipping option chosen by the Customer and is displayed separately in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping as well as the name of the carrier, if any, and the method of transportation is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process and included in the Order Confirmation.

      The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted by e-mail of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. To the extent permitted by applicable law, reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option and deemed to have occurred after the first attempt of delivery of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION OF PRE-ORDER

      Without limit to any other rights Customer may have in accordance with applicable law, the Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to delivery, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time and in accordance with applicable law.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after delivery is made, or deemed to have been made, in accordance with clause 4 are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee set off against the purchase price already paid and to be refunded.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information, available on www.remarkable.com. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from when the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the user manual or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under applicable law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories under these Terms to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These Terms may not be varied except with our express written consent.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION; APPLICABLE LAW

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      These Terms, and any dispute of any sort that might arise between you and reMarkable and that cannot be resolved in the first instance through reMarkable’s Customer Service, shall be governed by the laws of the Province of Ontario, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein, and any disputes may be submitted to the courts of competent jurisdiction of the City of Toronto (Ontario), which courts shall have exclusive jurisdiction to hear such disputes. Nothing herein is intended to prevent the parties from agreeing to resolve any dispute that may arise using any other procedure that is available in law, including by way of binding arbitration under terms and conditions as the parties may agree.

      The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: October 2nd, 2020

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by End Consumers, B2C (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by reMarkable for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with reMarkable (“Order”). Before the Customer submits the Order he/she will be able to view the details input and correct any mistakes in the information provided.

      On receipt of the Order reMarkable will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal. reMarkable will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      reMarkable stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to reMarkable by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any withdrawal of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories is displayed in the Store. The total purchase price for the Product(s) and/or accessories is displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€), and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.

      The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date for the order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION

      The Customer may cancel the Order made as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wishes to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian consumer purchase act of 2002, you must notify reMarkable of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.

      If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      The customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no.

      The customer may also raise a claim for the ordinary Norwegian courts.

      Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at http://ec.europa.eu/consumers/odr/provides.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: March 17th, 2020

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by End Consumers, B2C (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by reMarkable for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with remarkable (“Order”). Before the Customer submits the Order he/she will be able to view the details input and correct any mistakes in the information provided.

      On receipt of the Order reMarkable will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only.. All Orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal. reMarkable will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      reMarkable stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to reMarkable by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any withdrawal of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories is displayed in the Store. The total purchase price for the Product(s) and/or accessories is displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€), and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.

      The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION OF PRE-ORDER

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time from the defect was discovered or should have discovered a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian consumer purchase act of 2002, you must notify reMarkable of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.

      If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      The customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no.

      The customer may also raise a claim for the ordinary Norwegian courts.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: October 2nd, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees it has read and understood these Terms before placing an Order and that it enters into a binding agreement with reMarkable when it clicks the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in Hong Kong dollar. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the ordering process.

      The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date for the order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      Failure to take possession of shipped Product(s) in accordance with the chosen shipping option constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to take possession the Product(s) and/or accessories in accordance with the Customer’s chosen shipping option.

      1. CANCELLATION

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after the date on which it discovered, or should have discovered, a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s).

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under state or federal law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      1. APPLICABLE LAW

      This Subscription Agreement shall be governed by and construed in accordance with the laws of HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (“HONG KONG”).

      Any disputes shall be referred to and finally resolved by the courts of HONG KONG. The legal venue shall be HONG KONG.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: March 17th, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees it has read and understood these Terms before placing an Order and that it enters into a binding agreement with reMarkable when it clicks the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in Hong Kong dollar. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the ordering process.

      The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      Failure to take possession of shipped Product(s) in accordance with the chosen shipping option constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to take possession the Product(s) and/or accessories in accordance with the Customer’s chosen shipping option.

      1. CANCELLATION OF PRE-ORDER

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after the date on which it discovered, or should have discovered, a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s).

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under state or federal law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      1. APPLICABLE LAW

      This Subscription Agreement shall be governed by and construed in accordance with the laws of HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (“HONG KONG”).

      Any disputes shall be referred to and finally resolved by the courts of HONG KONG. The legal venue shall be HONG KONG.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: October 2nd, 2020

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Your purchase of any of the Product(s) or accessories, offered in Store is subject to these terms and by placing an order for any Product(s) or accessories you agree to be bound by them. You should print a copy of these terms for future reference.

      reMarkable reserves the right to change these terms and conditions at any time. Changes will not affect purchases already made and accepted by reMarkable. Any such changes will take effect when posted on www.remarkable.com/legal.

      Orders placed on behalf of a business is governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading, and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in pound sterling (£), and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY INCL. PASSING OF RISK AND OWNERSHIP

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process.

      The estimated delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. reMarkable will endeavor to deliver the goods as soon as reasonably possible and in any event within 30 days of the estimated delivery date. By entering into this Contract, the Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date of ordered Product(s) may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories to ensure you are provided with an estimated delivery date that is fair and accurate. reMarkable shall not be held liable for delays in the estimated delivery date of ordered Product(s) where such delays are beyond the control of reMarkable and reasonable steps have been taken to prevent or minimize such delays.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION

      The Customer may cancel the Order made in as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause, see clause 6 “The Right of Withdrawal” for such cases.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss may, at reMarkable’s sole discretion, be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wishes to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after a defect was discovered or should have been discovered, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Nothing in this section affects your legal rights. If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address, and order reference.

      1. LIMITATION OF LIABILITY

      Nothing in these terms shall limit or exclude our liability to you:
      - for death or personal injury caused by our negligence;
      - for fraudulent misrepresentation;
      - for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
      - under Part I of the Consumer Protection Act 1987; or
      - for any other liability that, by law, may not be limited or excluded.

      Subject to this, any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may only transfer part or all of your rights or obligations under this Contract to another individual by obtaining our consent in writing. If we do not agree to give our consent then we will provide you with the reason(s) why by email as soon as possible.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      None of the provisions set out in these terms seeks to or shall be deemed to exclude any consumer rights which cannot be excluded under UK or EU law.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      Following completion of the Brexit transition period on 31 December 2020, unless otherwise extended by the European Union, any EU Consumer Regulations which have not been incorporated into English Law will cease to have an effect on the terms of this Contract.  

      These terms may not be varied except with our express written consent.

      These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      These terms shall be governed by English law, except if you live in Scotland or Northern Ireland where there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

      You agree that any dispute between you and us regarding these terms or any Contract will be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at http://ec.europa.eu/consumers/odr/provides.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
      Last updated: March 17th, 2020

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information. Your purchase of any of the Product(s) or accessories, offered in Store is subject to these terms and by placing an order for any Product(s) or accessories you agree to be bound by them. You should print a copy of these terms for future reference.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      Orders placed on behalf of a business is governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in pound sterling (£), and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY INCL. PASSING OF RISK AND OWNERSHIP

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process.

      The estimated delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. reMarkable will endeavor to deliver the goods as soon as reasonably possible and in any event within 30 days of the estimated delivery date . By entering into this Contract the Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date of pre-ordered Product(s) may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories to ensure you are provided with an estimated delivery date that is fair and accurate. reMarkable shall not be held liable for delays in the estimated delivery date of pre-ordered Product(s) where such delays are beyond the control of reMarkable and reasonable steps have been taken to prevent or minimize such delays.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

      1. CANCELLATION OF PRE-ORDER

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause, see clause 6 “The Right of Withdrawal” for such cases.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss may, at reMarkable’s sole discretion, be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after a defect was discovered or should have been discovered, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Nothing in this section affects your legal rights. If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

      1. LIMITATION OF LIABILITY

      Nothing in these terms shall limit or exclude our liability to you:
      - for death or personal injury caused by our negligence;
      - for fraudulent misrepresentation;
      - for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
      - under Part I of the Consumer Protection Act 1987; or
      - for any other liability that, by law, may not be limited or excluded.

      Subject to this, any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may only transfer part or all of your rights or obligations under this Contract to another individual by obtaining our consent in writing. If we do not agree to give our consent then we will provide you with the reason(s) why by email as soon as possible.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      None of the provisions set out in these terms seeks to or shall be deemed to exclude any consumer rights which cannot be excluded under UK or EU law.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      Following completion of the Brexit transition period on 31 December 2020, unless otherwise extended by the European Union, any EU Consumer Regulations which have not been incorporated into English Law will cease to have an effect on the terms of this Contract.  

      These terms may not be varied except with our express written consent.

      These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      These terms shall be governed by English law, except if you live in Scotland or Northern Ireland where there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

      You agree that any dispute between you and us regarding these terms or any Contract will be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at http://ec.europa.eu/consumers/odr/provides.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

    • ORDERS PLACED ON AND AFTER OCTOBER 2ND, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: October 2nd, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees it has read and understood these Terms before placing an Order and that it enters into a binding agreement with reMarkable when it clicks the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout. Where applicable, sales tax is added to the total in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process.

      The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date for the order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      Failure to take possession of shipped Product(s) in accordance with the chosen shipping option constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to  take possession of the Product(s) and/or accessories in accordance with the Customer's chosen shipping option.

      1. CANCELLATION

      The Customer may cancel the Order made as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wishes to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee for the return.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after the date on which it discovered, or should have discovered, a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) repaired by unauthorized third party or (v) in the case of a software error or failure, to the extent that such error or failure is a result of the moving the product to a jurisdiction in which cloud services are restricted. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

      Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under state or federal law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with reMarkable and limits the manner in which you can seek relief from us.

      Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address (if the dispute meets the requirements to be heard in small claims court), you and reMarkable waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

      You and reMarkable agree that any dispute arising out of or related to these Terms is personal to you and reMarkable and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

      You and reMarkable agree that these Terms affect interstate commerce and that the enforceability of this clause 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and reMarkable agree that for any arbitration you initiate, you will pay the filing fee and reMarkable will pay the remaining JAMS fees and costs.  For any arbitration initiated by reMarkable, reMarkable will pay all JAMS fees and costs.  You and reMarkable agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

      Any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and reMarkable will not have the right to assert the claim.

      You have the right to opt out of binding arbitration within fourteen (14) days of the date you received the Product(s) by sending an email to support@remarkable.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 15.

      1. APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Contract. Subject to the dispute resolution clause 14, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

      PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020

      TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES 
      Last updated: March 17th, 2020.

      These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.

      The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information.

      Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

      1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES

      reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.

      The Computer Tablet - reMarkable 2
      The computer tablet reMarkable 2 (“Product”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.

      The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.

      Accessories for reMarkable 2
      Accessories are described and portrayed on www.remarkable.com.

      The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.

      1. ORDER PROCESS (CONTRACT FORMATION)

      These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees it has read and understood these Terms before placing an Order and that it enters into a binding agreement with reMarkable when it clicks the button “Place Order” in the Checkout.

      The purchase becomes binding upon reMarkable once reMarkable has sent an Order Confirmation to the Customer after having received the order. All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at support@remarkable.com.

      For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.

      1. PRICE AND PAYMENT TERMS

      The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.

      The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and where applicable include sales taxes. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

      reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

      1. DELIVERY

      The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process.

      The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.

      The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

      Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.

      Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

      Failure to take possession of shipped Product(s) in accordance with the chosen shipping option constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to  take possession of the Product(s) and/or accessories in accordance with the Customer's chosen shipping option.

      1. CANCELLATION OF PRE-ORDER

      The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.

      reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.

      You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.

      1. THE RIGHT OF WITHDRAWAL

      The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.

      You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.

      If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail support@remarkable.com within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee for the return.

      Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.

      If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

      1. LIMITED WARRANTY

      The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.

      To make a warranty claim, the Customer must within a reasonable time after the date on which it discovered, or should have discovered, a defect, notify reMarkable by e-mail to support@remarkable.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s

      If reMarkable finds that the defect is covered by the limited warranty of this clause 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

      reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).

      There is no warranty for Product(s) that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) repaired by unauthorized third party or (v) in the case of a software error or failure, to the extent that such error or failure is a result of the moving the product to a jurisdiction in which cloud services are restricted. The limited warranty is not extended to defects caused by wear and tear.

      This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables. 

      Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under state or federal law.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

      1. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

      1. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

      1. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.

      1. MISCELLANEOUS

      You may not transfer or assign any or all of your rights or obligations under any Contract.

      All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.

      1. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

      Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail support@remarkable.com.

      Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with reMarkable and limits the manner in which you can seek relief from us.

      Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address (if the dispute meets the requirements to be heard in small claims court), you and reMarkable waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

      You and reMarkable agree that any dispute arising out of or related to these Terms is personal to you and reMarkable and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

      You and reMarkable agree that these Terms affect interstate commerce and that the enforceability of this clause 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and reMarkable agree that for any arbitration you initiate, you will pay the filing fee and reMarkable will pay the remaining JAMS fees and costs.  For any arbitration initiated by reMarkable, reMarkable will pay all JAMS fees and costs.  You and reMarkable agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

      Any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and reMarkable will not have the right to assert the claim.

      You have the right to opt out of binding arbitration within fourteen (14) days of the date you received the Product(s) by sending an email to support@remarkable.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 15.

      1. APPLICABLE LAW

      These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Contract. Subject to the dispute resolution clause 14, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.

      1. CONTACT

      The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway. 

      reMarkable’s contact information:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

    • REMARKABLE AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The computer tablet is connected to a software and cloud service which allows users to convert handwritten notes to text, automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet’s cloud service the customer must enter into a subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the computer tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and other Subscription features are described in further detail on www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      1. SUBSCRIPTION OPTIONS

      A basic subscription is provided free of charge upon the purchase of the computer tablet.

      reMarkable may in the future offer an upgraded subscription with extended storage, unlimited use of existing and/or new features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the computer tablet.

      1. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the basic or premium subscription in accordance with the Subscription Agreement during the subscription period.

      The Basic Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      1. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website or by sending an e-mail to support@remarkable.com.

      reMarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), if termination is reasonably necessary to protect reMarkable’s interests.

      Upon termination of the Subscription Agreement, the Customer will lose access to the subscription features, hereunder the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      1. TECHNICAL REQUIREMENTS CLOUD SERVICE

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

      1. SERVICE LEVELS AND PLANNED DOWNTIME

      To the full extent permitted by law, the Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable view is to be regarded as key features of the basic subscription.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      TO THE FULL EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS AND REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE CLOUD SERVICE, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

      1. PERSONAL DATA

      reMarkable will manage the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on reMarkable’s management of personal data, including information about your rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      1. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright) or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or Norwegian law. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or applicable law.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      1. TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause 9 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that violates any policies or guidelines implemented by reMarkable from time to time with respect to the use of the Cloud Service or which may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s  Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      1. LIMITATION OF LIABILITY

      To the full extent permitted by law, reMarkable shall only be liable for direct loss caused by reMarkable’sbreach of the Subscription Agreement and shall not be liable for special, consequential or incidental damages or indirect loss or punitive or exemplary damages, unless caused intentionally. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for reMarkable, regardless of cause, is capped at the price of the Product.

      1. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

      1. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s  suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 2 above.

      1. USE OF THIRD PARTIES

      reMarkable use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      1. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      In the event that reMarkable amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.

      1. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via www.remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at www.remarkable.com.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      **********

      REMARKABLE AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

    • REMARKABLE AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The computer tablet is connected to a software and cloud service which allows users to convert handwritten notes to text, automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet’s cloud service the customer must enter into a subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the computer tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and other Subscription features are described in further detail on www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      1. SUBSCRIPTION OPTIONS

      A basic subscription is provided free of charge upon the purchase of the computer tablet.

      reMarkable may in the future offer an upgraded subscription with extended storage, unlimited use of existing and new features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the computer tablet.

      1. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the basic or premium subscription in accordance with the Subscription Agreement during the subscription period.

      The Basic Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      1. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website or by sending an e-mail to support@remarkable.com.

      reMarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), if termination is reasonably necessary to protect reMarkable’s interests.

      Upon termination of the Subscription Agreement, the Customer will lose access to the subscription features, hereunder the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      1. TECHNICAL REQUIREMENTS CLOUD SERVICE

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

      1. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the basic subscription.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      OTHER THAN AS EXPRESSLY SET OUT HEREIN, REMARKABLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CLOUD SERVICE, AND DISCLAIMS ALL OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

      1. PERSONAL DATA

      reMarkable will manage the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on reMarkable’s management of personal data, including information about your rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      1. CUSTOMER'S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright) or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or Norwegian law. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or applicable law.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      1. TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause 9 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that violates any policies or guidelines implemented by reMarkable from time to time with respect to the use of the Cloud Service or which may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s  Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      1. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for special, consequential or incidental damages or indirect loss or punitive or exemplary damages, unless caused intentionally. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for reMarkable, regardless of cause, is capped at the price of the Product.

      1. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

      1. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      1. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      1. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      In the event that reMarkable amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.

      1. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via www.remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at www.remarkable.com.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      **********

      REMARKABLE AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

    • REMARKABLE AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The computer tablet is connected to a software and cloud service which allows users to convert handwritten notes to text, automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet’s cloud service the customer must enter into a subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the computer tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and other Subscription features are described in further detail on www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      1. SUBSCRIPTION OPTIONS

      A basic subscription is provided free of charge upon the purchase of the computer tablet.

      reMarkable may in the future offer an upgraded subscription with extended storage, unlimited use of existing and new features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the computer tablet.

      1. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the basic or premium subscription in accordance with the Subscription Agreement during the subscription period.

      The Basic Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      1. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website or by sending an e-mail to support@remarkable.com.

      reMarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), if termination is reasonably necessary to protect reMarkable’s interests.

      Upon termination of the Subscription Agreement, the Customer will lose access to the subscription features, hereunder the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      1. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

      1. SERVICE LEVELS AND PLANNED DOWNTIME

      It should be noted that the provisions of this clause 6 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable view is to be regarded as key features of the basic subscription.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      1. PERSONAL DATA

      reMarkable will process the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on reMarkable’s processing of personal data, including information about your rights as registered, please refer to reMarkable‘s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      1. CUSTOMER'S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable consumer purchasing legislation. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or applicable consumer legislation.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      1. TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause 9 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      1. LIMITATION OF LIABILITY

      It should be noted that the provisions of this clause 10 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable consumer purchasing legislation, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for reMarkable, regardless of cause, is capped at the price of the Product.

      1. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

      1. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      1. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      1. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address) and shall be deemed received by the Customer if the Customer can retrieve the content under normal circumstances.

      In the event that reMarkable amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.

      1. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via www.remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      1. NO RIGHT TO CANCEL

      The Cloud Service is classed as digital content pursuant to applicable consumer purchasing legislation and is therefore not subject to cancellation rights. Delivery of the Cloud Service is done without undue delay after the Customer has ordered the service. In the ordering process, the Customer is asked to consent to commencement of delivery, while acknowledging that the right of cancellation has thus been lost.

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at www.remarkable.com.

      You may also file your complaint through the European Union Online Dispute Resolution.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

      **********

      REMARKABLE AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

       

    • REMARKABLE AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The computer tablet is connected to a software and cloud service which allows users to convert handwritten notes to text, automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet’s cloud service the customer must enter into a subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the computer tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at reMarkable’s website, www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and other Subscription features are described in further detail on www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      Customer must be at least 18 years old (or the age of legal majority where you reside) to purchase a subscription and access and use the Cloud Services.

      1. SUBSCRIPTION OPTIONS

      A basic subscription is provided free of charge upon the purchase of the computer tablet.

      reMarkable may in the future offer an upgraded subscription with extended storage, unlimited use of existing and/or new features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the computer tablet.

      reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      1. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the basic or premium subscription in accordance with the Subscription Agreement during the subscription period.

      The Basic Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      1. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website or by sending an e-mail to support@remarkable.com.

      For paid premium subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE FREE OR PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      The Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months) without stating any reason, and with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      Upon termination of the Subscription Agreement, the Customer will lose access to the subscription features, hereunder the Cloud Service.. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      1. PAYMENT AND BILLING FOR PREMIUM SUBSCRIPTIONS

      By providing a payment method that Remarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits Remarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem Remarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes Remarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by Remarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and Remarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. Remarkable will collect applicable sales tax if it determines that Remarkable has a duty to collect sales tax. Remarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      1. TECHNICAL REQUIREMENTS CLOUD SERVICE

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

      1. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the basic subscription.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable’s website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

      1. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

      1. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/.

      1. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      1. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      1. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) HK$500. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      1. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      1. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      1. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      1. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      1. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via an online form at www.remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address) and shall be deemed given to the Customer on the day the e-mail is sent.

      1. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an affiliate.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      1. COMPLAINTS

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted via an online form at www.remarkable.com.

      1. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (“HONG KONG”).

      Any disputes shall be referred to and finally resolved by the courts of HONG KONG. The legal venue shall be HONG KONG.

      1. CONTACT

      REMARKABLE AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

      Online form available on www.support.remarkable.com.

    • These are the terms of supply for service subscribed to on www.remarkable.com  (Site) which make up the "Subscription Agreement". The Site is operated by or on behalf of REMARKABLE AS (we, us and our). We are a limited company, registered in Norway. Our registered company number is 917 352 836, and our registered office is at Biermanns gate 6, 0473 Oslo, Norway. Our VAT registration number is 917 352 836 MVA.

      We have developed and sell computer tablets and accessories. The computer tablets may be connected to software through an Internet-based cloud service that allows you to convert handwritten notes to typed text, automatically and securely back up and synchronize your work between different devices (such as computers, mobile phones etc.) (the "Cloud Services"). You acknowledge that in order to get access to the Cloud Services you must purchase a tablet and enter into these terms which gives you access to the Cloud Services. By purchasing a computer tablet you agree to be bound by these terms for access to the Cloud Services. Purchase of a tablet is subject to a separate set of terms and conditions, a copy of which can be found on www.remarkable.com/legal.

      You should print a copy of these terms for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via our website and Cloud Services is governed by our Privacy Protection Statement.

      These terms were last updated on March 17th, 2020.

      1. Our Cloud Services

      The Cloud Services are described in further detail on the Site.

      By entering into these terms you are subscribing to receive access to the Cloud Services. The subscription gives you access to the Cloud Services and your access to these Cloud Services shall continue until the Subscription Agreement is terminated (see Subscription termination).

      A basic subscription is provided free of charge and is ordered upon the purchase of the paper tablet ("Basic Subscription").

      We may in the future offer an upgraded subscription with extended storage, unlimited use of existing and/or new features ("Premium Subscription"). Premium Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

      1. Premium Subscription: Purchasing

      A Premium Subscription may be purchased by clicking on the subscription option you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase to us by clicking the "Subscribe and Pay Now” button on the checkout page.

      Please note that clicking on the button on the checkout page described above does not mean that your Premium Subscription has been accepted. Your action constitutes an offer to us to subscribe to the relevant Cloud Services. All Premium Subscriptions are subject to acceptance by us. We are not obliged to accept your offer and may, at our discretion, decline to accept any offer for any reason. You do, however, acknowledge that by clicking on the "Subscribe and Pay Now" button, you enter into an obligation to pay for the Premium Subscription. Where we accept your offer, we will confirm such acceptance by sending you a confirmation of your Premium Subscription (Subscription Confirmation). The contract between you and us in relation to the Premium Subscription will only be formed when we send you the Subscription Confirmation.

      1. Premium Subscription: Charges and Payment

      The charges for the Premium Subscription are as quoted on the Site from time to time. Charges include VAT.

      Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Subscription Confirmation.

      You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

      If your Premium Subscription renews, charges for each renewal period will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription (see Subscription cancellation).

      If you have questions regarding charges to your account, you should contact us (see Contacting us).

      We will endeavor to take payment in respect of all charges to your account from the same credit or debit card that you have previously paid with (unless you have provided details of an alternative card in your name that we should use). You authorize us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to any Cloud Services in accordance with these terms, until that Cloud Services is cancelled or your account is closed.

      If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Premium Subscription (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

      1. Username and password

      Upon registration for an account with us, you will be asked to create a username and password on the Site. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorized user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

      You must cease to use and delete the password for your account upon termination of your account for whatever reason.

      1. Technical Requirements

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by us without prior notice. We shall, however, notify the Customer at least 60 days in advance if we will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect your use of the Cloud Service, but if you fail to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to you.

      You shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and are responsible for all charges and expenses related thereto, including internet access. We reserve the right to cancel access to the Cloud Service in the event your failure to maintain and update own hardware or software should represent a security risk for us.

      1. Changes to the Cloud Services, charges and terms

      As it is our policy continually to review and update our Cloud Service offering, we reserve the right to make changes to the Cloud Services, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes that would significantly reduce the type or level of Cloud Services you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Cloud Services subscription without penalty, in which case, you should notify us that you wish to cancel your subscription (see Subscription termination). If you do not cancel your subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

      1. Acceptable Use

      You agree that you will not, nor allow anyone else to, use your account or any Cloud Services:

      • to access or attempt to access any Cloud Services which you have not purchased or subscribed to;
      • to interfere with or disrupt the provision of any Cloud Services or use any Cloud Services in a way that interferes with anyone else’s use of any Cloud Services;
      • to further any criminal or fraudulent activity or to impersonate another person;
      • to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights);
      • to upload to the Cloud Services any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, or offensive; or
      • otherwise in breach of any acceptable use guidelines that we may issue from time to time.

      1. User Content

      We have no obligation to monitor your use of the Cloud Services in order to ensure compliance with the terms of this Subscription Agreement or applicable law.

      You own and are responsible for all data, information and material of any kind uploaded to the Cloud Services by you, including personal data. Where applicable, you are responsible for obtaining the appropriate authorizations for processing personal data. You are also required to obtain the consent of the people involved where applicable. You are fully responsible for ensuring that the data or information you upload to the Cloud Services can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      You undertake to indemnify us for any third party claims arising as a result of your use of the Cloud Service in breach of this Subscription Agreement.

      1. Personal Data

      We will process the personal data which you provide or upload to the Cloud Service only to the extent necessary to fulfill our obligations pursuant to this Subscription Agreement and in accordance with our Privacy Protection Statement.

      1. License and Intellectual Property Rights

      You are granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Services in accordance with the Subscription Agreement for the duration of the Agreement.

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to us and our suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in the paragraph above.

      1. Consumer Cancellation Rights

      You normally have the right to cancel a contract within 14 days after the date we send you the Subscription Confirmation. However, you acknowledge that we start provision of the Cloud Services without undue delay following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once the Cloud Services have been fully carried out.

      In the ordering process, you are asked to consent to commencement of delivery, while acknowledging that the right of cancellation has thus been lost.

      1. Subscription Termination

      You may terminate this Subscription Agreement at any time and without justification through the customer profile on the Site or via email to support@remarkable.com.

      If you do not wish your Premium Subscription to renew automatically at the end of the then-current subscription period you must notify us (see Contacting us) (or alter the subscription renewal settings of your account through the Site), at least 7 days in advance of renewal. If you do not do this, charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to notify us in advance of renewal. If you terminate your Premium Subscription, your Standard Subscription will continue unless you notify us otherwise through the customer profile.

      1. Cloud Services Suspension and Termination

      We may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      We may terminate the Subscription Agreement for any reason, with three months' notice, no earlier than six years from the date of purchase, unless such termination is for the reasons set out below.

      We may at any time without prior notice, terminate the Subscription Agreement or suspend and/or terminate any Cloud Services and/or your use of your account in the event that:

      • you return your computer tablet either under your cancellation rights or for a refund for a faulty product under the terms for purchase of the tablet;
      • you have breached any of these terms;
      • you fail to pay any correctly billed charges within 20 days of being due; or
      • you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

      If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

      • issue of a warning to you;
      • immediate, temporary or permanent removal of any content submitted by you on to the Cloud;
      • immediate, temporary or permanent withdrawal of your right to use any Cloud Services;
      • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
      • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

      The responses described above are not limited, and we may take any other action we deem appropriate.

      Upon termination of the Subscription Agreement or Cloud Services or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Premium Subscription):

      • all rights granted to you under these terms will immediately cease;
      • you must promptly discontinue all use of the relevant Cloud Services; and
      • you must pay us all outstanding amounts that you owe us (if any).

      Upon termination of the Subscription Agreement, you will lose access to the Cloud Services. You must ensure to download all data that you wish to retain from the Cloud Service before termination of the Subscription Agreement. We will not be responsible for providing you with a copy of any of your data and we will delete any data within 7 days of the termination of this Subscription Agreement.

      1. Our liability

      Nothing in these terms shall limit or exclude our liability to you:

      • for death or personal injury caused by our negligence;
      • for fraudulent misrepresentation;
      • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
      • for any other liability that, by law, may not be limited or excluded.

      Subject to this, any liability we do have for losses you suffer arising from any Subscription Agreement shall not, in respect of any 12-month period (calculated from the date of that Subscription Agreement), exceed the total combined of (i) the charges payable by you for the relevant Cloud Service(s) in that 12-month period (if any); and (ii) the price of the tablet purchased; and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Subscription Agreement that is caused by events outside our reasonable control.

      1. General

      You may not transfer or assign any or all of your rights or obligations under any contract.

      All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

      These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

      You agree that any dispute between you and us regarding these terms or any contract will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

      The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

      1. Contacting us

      Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any subscription ordered by email to support@remarkable.com.

    • REMARKABLE AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The computer tablet is connected to a software and cloud service which allows users to convert handwritten notes to text, automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet’s cloud service the customer must enter into a subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the computer tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and other subscription features are described in further detail on reMarkable’s website, www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      Customer must be at least 18 years old (or the age of legal majority where you reside) to purchase a subscription and access and use the Cloud Services.

      1. SUBSCRIPTION OPTIONS

      A basic subscription is provided free of charge upon the purchase of the computer tablet.

      reMarkable may in the future offer an upgraded subscription with extended storage, unlimited use of existing and new features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the computer tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA THE REMARKABLE WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

      1. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the basic or premium subscription in accordance with the Subscription Agreement during the subscription period.

      The Basic Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      1. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website or by sending an e-mail to support@remarkable.com.

      For paid premium subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the third day notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE FREE OR PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS SECTION.

      reMarkable may not terminate the Subscription Agreement during the 30-day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 10 below.

      On the expiry of the return period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), without stating any reason.

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to subscription features, hereunder the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      1. PAYMENT AND BILLING FOR PREMIUM SUBSCRIPTIONS

      By providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales, duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      1. TECHNICAL REQUIREMENTS CLOUD SERVICE

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      1. SERVICE LEVELS AND PLANNED DOWNTIME

      It should be noted that the provisions of this clause 7 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the basic subscription.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      EXCEPT TO THE EXTENT PROHIBITED BY LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

      1. INDEMNIFICATION

      You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Cloud Services; (b) your violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) your violation of any applicable law or any rights of any third party related to your use of the Cloud Service.

      1. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about your rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      1. CUSTOMER'S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law. However, Remarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or state or federal law in the United States of America.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      1. TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause 11 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      Without limiting the Customer’s rights under clause 4 the Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      1. LIMITATION OF LIABILITY

      It should be noted that the provisions of this clause 12 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to your use of inability to use the Cloud Services unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with New York law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) $100.

      1. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      1. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      1. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      1. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      1. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via www.remarkable.com or by e-mail to support@remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      1. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at www.remarkable.com.

      Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with reMarkable and limits the manner in which you can seek relief from us.

      Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, you and reMarkable waive your rights to a jury trial and to have any dispute arising out of or related to this Subscription Agreement resolved in court. Instead, all disputes arising out of or relating to this Subscription Agreement will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

      You and reMarkable agree that any dispute arising out of or related to this Subscription Agreement is personal to you and reMarkable and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

      You and reMarkable agree that this Subscription Agreement affect interstate commerce and that the enforceability of this clause will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Subscription Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Subscription Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and reMarkable agree that for any arbitration you initiate, you will pay the filing fee and reMarkable will pay the remaining JAMS fees and costs. For any arbitration initiated by reMarkable, reMarkable will pay all JAMS fees and costs. You and reMarkable agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

      Any claim you may have arising out of or related to this Subscription Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and reMarkable will not have the right to assert the claim.

      You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this clause by sending an email to support@remarkable.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 19. If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      1. APPLICABLE LAW

      This Subscription Agreement shall be governed by and construed in accordance with the laws of New York, U.S.A. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. Subject to the dispute resolution clause 18, Customer agrees that any disputes shall be referred to and finally resolved by the state or federal courts located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York.

      **********

      REMARKABLE AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40

       

    •  

      ORDERS PLACED AFTER JUNE 25TH 2018

      ORDERS PLACED AFTER DECEMBER 22ND 2017 (NEW ZEALAND ONLY)

       

       

       

      ORDERS PLACED AFTER JUNE 25TH 2018

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website remarkable.com.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the cloud service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded cloud service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available on remarkable.com.

       

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable’s website remarkable.com. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

       

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

       

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction, in which case the Customer must pay to reMarkable an additional amount equal to that tax or duty payable for the supply of the Product, subject to the Customer receiving a valid tax invoice for the order of the Product at or before the time of payment. Payment of the additional will be made at the same time as payment for the Product is required to be made. If reMarkable does not provide the Customer with a valid tax invoice including the additional amount, the Customer remains responsible for the direct payment of any local goods and services tax, duties, and other import charges that may be levied.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

       

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update her or his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

       

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is made prior to shipment.

      You are not required to provide a reason for the cancellation. If you wish to cancel, complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website or by e-mail.

      If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return any unused Products for a full refund within thirty (30) days from purchase date. Subject always to clause 6, this right does not apply to any Products that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

      If your order is submitted between November 22, 2019 and December 3, 2019 7 PM AEST, the return period in this section 5 is extended from 30 days to 45 days.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Subject to applicable laws, claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

       

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

       

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      In the event that a Customer receives the Product before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

       

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

       

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      TO THE FULLEST EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 6, IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES. IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILITY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

       

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.

      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway

      E-mail: sales@remarkable.com

      Phone no.: 0047 23 65 24 40

       

      CONTACT

      The seller and supplier of the Product is Remarkable AS, organization number 917 352 836.
      Remarkable is registered in the Register of Business Enterprises in Norway.
      Remarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

      ORDERS PLACED AFTER DECEMBER 22ND 2017 (NEW ZEALAND ONLY)

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website remarkable.com.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the cloud service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded cloud service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available on remarkable.com.

       

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable’s website remarkable.com. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

       

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

       

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction, in which case the Customer must pay to reMarkable an additional amount equal to that tax or duty payable for the supply of the Product, subject to the Customer receiving a valid tax invoice for the order of the Product at or before the time of payment. Payment of the additional will be made at the same time as payment for the Product is required to be made. If reMarkable does not provide the Customer with a valid tax invoice including the additional amount, the Customer remains responsible for the direct payment of any local goods and services tax, duties, and other import charges that may be levied.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

       

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update her or his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

       

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is made prior to shipment.

      You are not required to provide a reason for the cancellation. If you wish to cancel, complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website or by e-mail.

      If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return any unused Products for a full refund within thirty (30) days of delivery. Subject always to clause 6, this right does not apply to any Products that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

       

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Subject to applicable laws, claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

       

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

       

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      In the event that a Customer receives the Product before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

       

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

       

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      TO THE FULLEST EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 6, IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES. IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILITY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

       

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.

      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway

      E-mail: support@remarkable.com

      Phone no.: 0047 23 65 24 40

       

       

       

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website remarkable.com.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the cloud service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded cloud service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available on remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable’s website remarkable.com. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar or local currency, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction, in which case the Customer must pay to reMarkable an additional amount equal to that tax or duty payable for the supply of the Product, subject to the Customer receiving a valid tax invoice for the order of the Product at or before the time of payment. Payment of the additional will be made at the same time as payment for the Product is required to be made. If reMarkable does not provide the Customer with a valid tax invoice including the additional amount, the Customer remains responsible for the direct payment of any local goods and services tax, duties, and other import charges that may be levied.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update her or his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is made prior to shipment. You are not required to provide a reason for the cancellation. If you wish to cancel, submit an inquiry to us by e-mail. 

      If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return any unused Products for a full refund within thirty (30) days from the purchase date. Subject always to clause 6, this right does not apply to any Products that have been abnormally used, damaged by you or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been abnormally used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, abnormal use, or missing components.

      If your order is submitted between November 22, 2019 and December 3, 2019 7 PM AEST, the return period in this section 5 is extended from 30 days to 45 days.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Subject to applicable laws, claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      In the event that a Customer receives the Product before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      TO THE FULLEST EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 6, IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES. IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILITY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.

      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway

      E-mail: support@remarkable.com

      Phone no.: 0047 23 65 24 40

       

    •  

      ORDERS PLACED AFTER JUNE 25TH 2018

      ORDERS PLACED AFTER DECEMBER 22ND 2017

      ORDERS PLACED BEFORE DECEMBER 22ND 2017

       

       

      Orders placed after June 25th 2018

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable’s website remarkable.com. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. ReMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is made prior to shipment. .

      You are not required to provide a reason for the cancellation. If you wish to cancel, complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website or by e-mail.

      If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return any unused Products for a full refund within thirty (30) days from purchase date. This right does not apply to any Products that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

      If your order is submitted between November 22, 2019 and December 3, 2019 3 AM EST, the return period in this section 5 is extended from 30 days to 45 days.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. Defective Products may be replaced with refurbished Products if the defective Product was purchased at least 4 months prior to the claim.

      If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      OTHER THAN AS EXPRESSLY SET OUT HEREIN, REMARKABLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY LAW, REMARKABLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES.  IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILTIY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

       

      Orders placed after December 22nd 2017

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on remarkable.com.  reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on reMarkable if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or his representative, has taken possession of the Product. The risk of the Product passes to the Customer when he or his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is made prior to shipment. .

      You are not required to provide a reason for the cancellation. If you wish to cancel, complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website or by e-mail.

      If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return any unused Products for a full refund within fourteen (14) days of delivery. This right does not apply to any Products that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than one year after the consumer took possession of the Product.

      OTHER THAN AS EXPRESSLY SET OUT HEREIN, REMARKABLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY LAW, REMARKABLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      7. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      8. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

      9. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES.  IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILTIY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

      10. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

       

      ORDERS PLACED BEFORE DECEMBER 22ND 2017

      For Terms and Conditions for orders placed before December 22nd 2017, contact us here. 

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF CERTIFIED REFURBISHED PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable’s website remarkable.com. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one week after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollars or local currency, and include shipping and other fees. Customer is responsible for any sales, duty or other governmental taxes or fees due with respect your order. By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. ReMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      5. CANCELLATIONS; RETURNS

      The Customer may cancel the order as long as Customer’s request is granted prior to shipment. You are not required to provide a reason for the cancellation. If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      You may request to return Products in like new condition for a full refund within thirty (30) days from purchase date. This right does not apply to any Products that have been abnormally used, damaged by you or others, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been abnormally used, damaged, are missing components, or are not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

      If your order is submitted between November 22, 2019 and December 3, 2019 3 AM EST, the return period in this section 5 is extended from 30 days to 45 days.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation.

      If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      OTHER THAN AS EXPRESSLY SET OUT HEREIN, REMARKABLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY LAW, REMARKABLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee pursuant to the Debt Collection Act.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at remarkable.com/legal/privacy-policy or here.

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wants an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES.  IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILTIY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.

      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

    •  

      ORDERS PLACED AFTER JUNE 25TH 2018

      ORDERS PLACED AFTER DECEMBER 22ND 2017

      ORDERS PLACED BEFORE DECEMBER 22ND 2017

       

       

      ORDERS PLACED AFTER JUNE 25TH 2018 

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on reMarkable.com.

      DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on remarkable.com reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar or applicable local currency, and include shipping and other fees. However, local VAT and duties may apply in your jurisdiction.

      For customers in Denmark, Finland, Germany, Norway, and Sweden, we also offer the following payment options as of June 12th 2018: i) pay later or ii) slice it. These payments options are provided in cooperation with Klarna Bank AB and payment is to be made to Klarna if either of these options are choosen during the ordering process. Klarna's user terms are available here.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      RIGHT TO CANCEL

      The Customer has the right to request a cancellation of the order within 30 calendar days of entering into the agreement (the “Cancellation Period”). If you choose to cancel the agreement during the Cancellation Period you are entitled to a full refund of the purchase price, but you will lose access to the cloud service.

      If your order is submitted between November 22, 2019 and December 3, 2019 9 AM CET, the cancellation period in this section is extended from 30 days to 45 days.

      You are not required to provide a reason for the cancellation. If you wish to use the right to cancel, you complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website, by e-mail or by post. See clause 11 below. This cancellation form has to be submitted to reMarkable prior to the return shipment. More information on the right to cancel as well as our standard cancellation form is attached to these Terms as Appendix 1.

      A cancellation notice received after the Cancellation period is not eligible for a refund.

      If the Customer makes use of his right to cancel, any Subscription Agreement will automatically be terminated.

      DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including (if and as provided for by applicable laws) fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. Defective Products may be replaced with refurbished Products if the defective Product was purchased at least 4 months prior to the claim.

      If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than two years after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      To the extent permitted by applicable laws, reMarkable excludes its liability for any indirect or consequential damages caused by any defect or delay, except for damages caused intentionally or by gross negligence.

      END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to applicable law. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee in accordance with applicable law.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at https://remarkable.com/legal or here.

      COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our website.

      If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

       

       

      ORDERS PLACED AFTER DECEMBER 22ND 2017

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on reMarkable.com.

      DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on remarkable.com reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on reMarkable if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar or applicable local currency, and include shipping and other fees. However, local VAT and duties may apply in your jurisdiction.

      For customers in Denmark, Finland, Germany, Norway, and Sweden, we offer the the following payment options as of June 12th 2018: i) pay later or ii) slice it. These payments options are provided in cooperation with Klarna Bank AB and payment is to be made to Klarna if either of these options are choosen during the ordering process. Klarna's user terms are available here.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or his representative, has taken possession of the Product. The risk of the Product passes to the Customer when he or his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      RIGHT TO CANCEL

      The Customer has the right to request a cancellation of the order within 14 days of entering into the agreement (the “Cancellation Period”). If you choose to cancel the agreement you are entitled to a full refund of the purchase price, but you will lose access to the Cloud Service.

      You are not required to provide a reason for the cancellation. If you wish to use the right to cancel, you or complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website, by e-mail or by post in accordance with clause 11 below. More information on the right to cancel as well as our standard cancellation form is attached to these Terms as Appendix 1.

      If the Customer makes use of his right to cancel, any Subscription Agreement will automatically be terminated.

      DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including (if and as provided for by applicable laws) fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than two years after the consumer took possession of the Product.

      To the extent permitted by applicable laws, reMarkable excludes its liability for any indirect or consequential damages caused by any defect or delay, except for damages caused intentionally or by gross negligence.

      SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to applicable law. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee in accordance with applicable law.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at https://remarkable.com/legal or here.

      COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.

      If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

       

       

      ORDERS PLACED BEFORE DECEMBER 22ND 2017

      For Terms and Conditions for orders placed before December 22nd 2017, contact us here.

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service (the "Cloud Service") that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at reMarkable’s website.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers an upgraded Cloud Service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, reMarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on reMarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on remarkable.com reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      The Terms becomes binding on the Customer when the Customer has completed the order at reMarkable’s website. The purchase becomes binding upon reMarkable once reMarkable has sent an order confirmation to the Customer after having received the order.

      All orders are subject to acceptance by reMarkable at its discretion. If reMarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted.

      Regardless of the foregoing, an agreement will not be binding on either party if the offer from reMarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar or applicable local currency, and include shipping and other fees. However, local VAT and duties may apply in your jurisdiction.

      After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.

      4. DELIVERY

      The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.

      The estimated dispatch and delivery date will be stated in the ordering process on reMarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.

      The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.

      Delivery has occurred when the Customer, or her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.

      5. RIGHT TO CANCEL

      The Customer has the right to request a cancellation of the order within 30 calendar days of entering into the agreement (the “Cancellation Period”). If you choose to cancel the agreement during the Cancellation Period you are entitled to a full refund of the purchase price, but you will lose access to the cloud service.

      If your order is submitted between November 22, 2019 and December 3, 2019 9 AM CET, the cancellation period in this section 5 is extended from 30 days to 45 days.

      You are not required to provide a reason for the cancellation. If you wish to use the right to cancel, you complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website, by e-mail or by post. See clause 11 below. This cancellation form has to be submitted to reMarkable prior to the return shipment. More information on the right to cancel as well as our standard cancellation form is attached to these Terms as Appendix 1.

      A cancellation notice received after the Cancellation period is not eligible for a refund.

      If the Customer makes use of his right to cancel, any Subscription Agreement will automatically be terminated.

      6. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS

      In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including (if and as provided for by applicable laws) fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation.

      If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than two years after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.

      To the extent permitted by applicable laws, reMarkable excludes its liability for any indirect or consequential damages caused by any defect or delay, except for damages caused intentionally or by gross negligence.

      7. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchase for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      8. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., reMarkable will retain the goods until payment is completed.

      reMarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

      reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to applicable law. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee in accordance with applicable law.

      reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.

      9. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow reMarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.

      For further information on reMarkable’ s processing of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at https://remarkable.com/legal or here.

      10. COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’ s Customer Service may be contacted by use of an electronic form on our website.

      If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.

      These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      11. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40 

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to“Customer”shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoiceis then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. . By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process.

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund.

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund.

      Damage covered by the limited warranty under clause 6 is not subject to such reduction.

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable.

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms.

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights.

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

       

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to“Customer”shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoice is then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. . By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process. 

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund. 

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. 

      Damage covered by the limited warranty under clause 6 is not subject to such reduction. 

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable. 

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use. 

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms. 

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights. 

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to“Customer”shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoiceis then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. . By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process.

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund.

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund.

      Damage covered by the limited warranty under clause 6 is not subject to such reduction.

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable.

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms.

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights.

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF CERTIFIED REFURBISHED PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to“Customer”shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoiceis then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. . By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process.

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund.

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund.

      Damage covered by the limited warranty under clause 6 is not subject to such reduction.

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable.

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms.

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights.

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

       

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to“Customer”shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoiceis then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. . By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process.

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund.

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund.

      Damage covered by the limited warranty under clause 6 is not subject to such reduction.

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable.

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use.

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms.

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights.

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be connected to software through an Internet-based cloud service (the “Cloud Service”) that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.).  In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).

      The Customer acknowledges to have read and understood these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.

      References in these Terms to “Customer” shall mean the Company stated on the order confirmation.

      The Customer acknowledges that in order to get access to the Cloud Service the Customer must purchase a tablet. The Customer further acknowledges that use of the Cloud Service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.

      1. DESCRIPTION OF THE PRODUCT

      The description of the tablet and accessories, referred to as the (“Product(s)”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.

      A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.

      2. CONTRACT FORMATION

      After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process.  

      An order confirmation including a tax invoice is then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting support.business@remarkable.com.

      All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.

      Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.

      3. PRICE AND PAYMENT TERMS

      The total purchase price for the Product and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping fee are paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order, including any applicable taxes and/or other charges.

      All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled.  Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.

      After acceptance of an Order, an order confirmation and tax invoice will be sent to the e-mail address provided by the Customer in the ordering process. 

      4. DELIVERY

      The Product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process and to be paid by the Customer, if so stated.

      The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. reMarkable has no liability for any such delays.

      The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative is responsible for ensuring that the correct address is registered at all times, and reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide its correct delivery address.

      Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is at its disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer.  reMarkable reserves the right to charge the Customer for extra shipment and handling costs due to Customer’s failure to collect the Products in time.

      5. WITHDRAWAL FROM CONTRACT

      The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.

      If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to support.business@remarkable.com within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund. 

      Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund. 

      Damage covered by the limited warranty under clause 6 is not subject to such reduction. 

      If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.

      6. LIMITED WARRANTY

      If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to support.business@remarkable.com that it will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the Products from reMarkable. 

      reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

      There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.

      If reMarkable finds that the defect is covered by the limited warranty of this clause 6, reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.

      The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.

      7. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Products.

      8. LIMITATION OF LIABILITY

      REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT  PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      9. END-USER CUSTOMERS ONLY

      reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use. 

      Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.

      10. SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER

      In the case of breach of contract by the Customer, including but not limited to non-payment under clause 3, including if a payment is rejected by the payment agent or the Customer’s bank, or if a payment is disputed or recalled by the Customer’s bank, etc., without limiting its rights under clause 3, reMarkable will retain the Products and title herein until payment is completed.

      reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 30 days is considered to be a material breach of contract.

      11. PERSONAL DATA

      reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

      12. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under these Terms. 

      reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.

      The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.

      If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights. 

      If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.

      These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      13. INQUIRIES

      If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, reMarkable’s Customer Service may be contacted by e-mail, as stated under “Contact” in clause 15.

      14. APPLICABLE LAW AND DISPUTE RESOLUTION

      These terms shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      15. CONTACT

      The seller and supplier of the Product is reMarkable AS, organization number 917 352 836.
      reMarkable is registered in the Register of Business Enterprises in Norway.
      reMarkable’s contact information is:

      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a Cloud Service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

       

      DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

       

      SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      reMarkable may in the future offer an upgraded Cloud Service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

       

      SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

       

      TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website.

      reMarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), if termination is reasonably necessary to protect reMarkable’s interests.

      Upon termination of the Subscription Agreement, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

       

      TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

       

      SERVICE LEVELS AND PLANNED DOWNTIME

      To the full extent permitted by law, the Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’ s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      TO THE FULL EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS AND REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE CLOUD SERVICE, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

       

      PERSONAL DATA

      reMarkable will manage the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on reMarkable’ s management of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal.

       

      CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright) or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or Norwegian law. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or Norwegian law.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

       

      TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause [10] applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that violates any policies or guidelines implemented by reMarkable from time to time with respect to the use of the Cloud Service or which may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’ s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

       

      LIMITATION OF LIABILITY

      To the full extent permitted by law, reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for special, consequential or incidental damages or indirect loss or punitive or exemplary damages, unless caused intentionally. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for reMarkable, regardless of cause, is capped at the price of the Product.

       

      FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

       

      INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’ s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause [2] above.

       

      USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services. To the extent a sub-contractor processes personal data for which the Customer is data controller, the Data Processing Agreement (Appendix 1) sets out requirements in this regard.

       

      AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      In the event that reMarkable amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.

       

      NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via reMarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

       

      COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at remarkable.com.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

       

      Contact

      The seller and supplier of the Product is Remarkable AS, organization number 917 352 836.
      Remarkable is registered in the Register of Business Enterprises in Norway.
      Remarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      Remarkable AS, organization number 917 352 836, (“Remarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      Remarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by Remarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at Remarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by Remarkable as mentioned in clause 1 below.

      Description of the service

      The Cloud Service and its features are described in further detail on Remarkable’s website.

      The Customer may order the Cloud Service using the ordering process on Remarkable’s website. All orders are subject to acceptance by Remarkable at its discretion.

      Subscription options

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      Remarkable may in the future offer an upgraded cloud service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

      Subscription license and subscription period

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The Subscription Period starts running from the moment the Customer creates a customer profile on Remarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      Termination of the subscription and duties upon termination

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on Remarkable’s website.

      Remarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) Remarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by Remarkable with three month’s prior notice (current + three months), without stating any reason.

      Upon termination of the Subscription Agreement, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      Remarkable provides a standard file format for such data export through the Cloud Service. Remarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      Technical requirements

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by Remarkable without prior notice. Remarkable shall, however, notify the Customer at least 60 days in advance if Remarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. Remarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for Remarkable.

      Service levels and planned downtime

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. Remarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. Remarkable reserves the right to make improvements, add, modify or remove functionality. Remarkable may, however, not remove functionality which in Remarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of Remarkable’ s control. Remarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and Remarkable has no responsibility in this regard. Remarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by Remarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and Remarkable encourages the Customer to do so in order to avoid loss of data. Remarkable shall under no circumstance be liable to the Customer for loss of data.

      OTHER THAN AS EXPRESSLY SET OUT HEREIN, REMARKABLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CLOUD SERVICE, AND DISCLAIMS ALL OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

      Personal data

      Remarkable will manage the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on Remarkable’ s management of personal data, including information about your rights as registered, please refer to Remarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      Customer’s use of the Cloud Service and Indemnity

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright) or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify Remarkable immediately of any unauthorized use of the above information or any other breach of security.

      Remarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or Norwegian law. However, Remarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if Remarkable reasonably suspects that there might be a breach of the Subscription Agreement or Norwegian law.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify Remarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      Termination for default

      It should be noted that the provisions of this clause [10] applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      Remarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that violates any policies or guidelines implemented by Remarkable from time to time with respect to the use of the Cloud Service or which may result in losses or the risk of loss for Remarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than Remarkable’ s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided Remarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if Remarkable is in material breach of the Subscription Agreement.

      Limitation of liability

      Remarkable shall only be liable for direct loss caused by Remarkable’s breach of the Subscription Agreement and shall not be liable for special, consequential or incidental damages or indirect loss or punitive or exemplary damages, unless caused intentionally. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for Remarkable, regardless of cause, is capped at the price of the Product.

      Force Majeure

      Remarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

      Intellectual property rights

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to Remarkable and Remarkable’ s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause [2] above.

      Use of third parties

      Remarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services. To the extent a sub-contractor processes personal data for which the Customer is data controller, the Data Processing Agreement (Appendix 1) sets out requirements in this regard.

      Amendments

      Remarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      Notices

      All notices pursuant to the Subscription Agreement shall be submitted via Remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      Complaints and dispute resolution

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, Remarkable may be contacted by via an online form at remarkable.com.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, Remarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

      **********

      Remarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40


      These terms are available in Norwegian.

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      Remarkable AS, organization number 917 352 836, (“Remarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      Remarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by Remarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at Remarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by Remarkable as mentioned in clause 1 below.

      Description of the service

      The Cloud Service and its features are described in further detail on Remarkable’s website, www.remarkable.com.

      The Customer may order the Cloud Service using the ordering process on Remarkable’s website. All orders are subject to acceptance by Remarkable at its discretion.

      Subscription options

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      Remarkable may in the future offer an upgraded cloud service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

      Subscription license and subscription period

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The Subscription Period starts running from the moment the Customer creates a customer profile on Remarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      Termination of the subscription and duties upon termination

      It should be noted that the provisions of this clause 4 apply unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on Remarkable’s website.

      Remarkable may not terminate the Subscription Agreement during the two year complaint period pursuant to the terms and conditions for purchase of the tablet, unless; 1) Remarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the complaint period, the Subscription Agreement may be terminated by Remarkable with three month’s prior notice (current + three months), without stating any reason.

      Upon termination of the Subscription Agreement, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires.

      Remarkable provides a standard file format for such data export through the Cloud Service. Remarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      Technical requirements

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by Remarkable without prior notice. Remarkable shall, however, notify the Customer at least 60 days in advance if Remarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. Remarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for Remarkable.

      Service levels and planned downtime

      It should be noted that the provisions of this clause 6 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. Remarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. Remarkable reserves the right to make improvements, add, modify or remove functionality. Remarkable may, however, not remove functionality which in Remarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of Remarkable’ s control. Remarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and Remarkable has no responsibility in this regard. Remarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by Remarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and Remarkable encourages the Customer to do so in order to avoid loss of data. Remarkable shall under no circumstance be liable to the Customer for loss of data.

      Personal data

      Remarkable will process the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on Remarkable’ s processing of personal data, including information about your rights as registered, please refer to Remarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      Customer’s use of the Cloud Service and Indemnity

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify Remarkable immediately of any unauthorized use of the above information or any other breach of security.

      Remarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable consumer purchasing legislation. However, Remarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if Remarkable reasonably suspects that there might be a breach of the Subscription Agreement or applicable consumer purchasing legislation.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify Remarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      Termination for default

      It should be noted that the provisions of this clause 9 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      Remarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for Remarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than Remarkable’ s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided Remarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if Remarkable is in material breach of the Subscription Agreement.

      Limitation of liability

      It should be noted that the provisions of this clause 10 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      Remarkable shall only be liable for direct loss caused by Remarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable consumer purchasing legislation, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for Remarkable, regardless of cause, is capped at the price of the Product.

      Force Majeure

      Remarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

      Intellectual property rights

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to Remarkable and Remarkable’ s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      Use of third parties

      Remarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services. To the extent a sub-contractor processes personal data for which the Customer is data controller, the Data Processing Agreement (Appendix 1) sets out requirements in this regard.

      Amendments

      Remarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address) and shall be deemed received by the Customer if the Customer can retrieve the content under normal circumstances.

      Notices

      All notices pursuant to the Subscription Agreement shall be submitted via Remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      No right to cancel

      The Cloud Service is classed as digital content pursuant to applicable consumer purchasing legislation, and is therefore not subject to cancellation rights. Delivery of the Cloud Service is done without undue delay after the Customer has ordered the service. In the ordering process, the Customer is asked to consent to commencement of delivery, while acknowledging that the right of cancellation has thus been lost.

      Complaints and dispute resolution

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, Remarkable may be contacted by via an online form at remarkable.com.

      You may also file your complaint through the European Union Online Dispute Resolution.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, Remarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

      **********

      Remarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a Cloud Service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

       

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      Customer must be at least 18 years old (or the age of legal majority where you reside) to purchase a subscription and access and use the Cloud Services.

       

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      reMarkable may in the future offer an upgraded Cloud Service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

       

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

       

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid premium subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE FREE OR PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      The Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months) without stating any reason, and with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

       

      5. PAYMENT AND BILLING FOR PREMIUM SUBSCRIPTIONS

      By providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

       

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

       

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

       

      8. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

       

      9. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.

       

      10. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

       

      11. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

       

      12. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) HK$500. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

       

      13. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

       

      14. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

       

      15. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

       

      16. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

       

      17. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via an online form at remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address), and shall be deemed given to the Customer on the day the e-mail is sent.

       

      18. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an affiliate.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

       

      19. COMPLAINTS

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted via an online form at remarkable.com.

       

      20. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (“HONG KONG”).

      Any disputes shall be referred to and finally resolved by the courts of HONG KONG. The legal venue shall be HONG KONG.

       

      Contact

      The seller and supplier of the Product is Remarkable AS, organization number 917 352 836.
      Remarkable is registered in the Register of Business Enterprises in Norway.
      Remarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      Remarkable AS, organization number 917 352 836, (“Remarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”).

      Remarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by Remarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at Remarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by Remarkable as mentioned in clause 1 below.

      Description of the service

      The Cloud Service and its features are described in further detail on Remarkable’s website.

      The Customer may order the Cloud Service using the ordering process on Remarkable’s website. All orders are subject to acceptance by Remarkable at its discretion.

      Customer must be at least 18 years old (or the age of legal majority where you reside) to purchase a subscription and access and use the Cloud Services.

      Subscription options

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      Remarkable may in the future offer an upgraded cloud service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. Remarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA THE REMARKABLE WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

      Subscription license and subscription period

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The Subscription Period starts running from the moment the Customer creates a customer profile on Remarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

      Termination of the subscription and duties upon termination

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on Remarkable’s website.

      For paid premium subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the third day notice period.

      From time to time, to the extent legally permitted, Remarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If Remarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the Remarkable operated websites.

      ONCE THE FREE OR PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS SECTION.

      Remarkable may not terminate the Subscription Agreement during the 30-day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) Remarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 10 below.

      On the expiry of the return period, the Subscription Agreement may be terminated by Remarkable with three month’s prior notice (current + three months), without stating any reason.

      Upon termination of the Subscription Agreement, whether by Remarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires.

      Remarkable provides a standard file format for such data export through the Cloud Service. Remarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

      Payment and Billing for Premium Subscriptions

      By providing a payment method that Remarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits Remarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem Remarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and Customer authorizes Remarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and Remarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales, duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. Remarkable will collect applicable sales tax if it determines that Remarkable has a duty to collect sales tax. Remarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      Technical requirements

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by Remarkable without prior notice. Remarkable shall, however, notify the Customer at least 60 days in advance if Remarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. Remarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for Remarkable.

      Service levels and planned downtime

      It should be noted that the provisions of this clause 7 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. Remarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. Remarkable reserves the right to make improvements, add, modify or remove functionality. Remarkable may, however, not remove functionality which in Remarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of Remarkable’ s control. Remarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and Remarkable has no responsibility in this regard. Remarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by Remarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and Remarkable encourages the Customer to do so in order to avoid loss of data. Remarkable shall under no circumstance be liable to the Customer for loss of data. EXCEPT TO THE EXTENT PROHIBITED BY LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

      Indemnification

      You agree to defend, indemnify and hold harmless Remarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Remarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Cloud Services; (b) your violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by Remarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) your violation of any applicable law or any rights of any third party related to your use of the Cloud Service.

      Personal data

      Remarkable will process the personal data in accordance with Remarkable’s Privacy Protection Statement.

      For further information on Remarkable’ s processing of personal data, including information about your rights as registered, please refer to Remarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal.

      Customer’s use of the Cloud Service and Indemnity

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify Remarkable immediately of any unauthorized use of the above information or any other breach of security.

      Remarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law. However, Remarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if Remarkable reasonably suspects that there might be a breach of the Subscription Agreement or state or federal law in the United States of America.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify Remarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      Termination for default

      It should be noted that the provisions of this clause 11 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      Remarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for Remarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than Remarkable’ s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided Remarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      Without limiting the Customer’s rights under clause 4 the Customer shall be entitled to terminate the Subscription Agreement with immediate effect if Remarkable is in material breach of the Subscription Agreement.

      Limitation of liability

      It should be noted that the provisions of this clause 11 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.

      Remarkable shall only be liable for direct loss caused by Remarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to your use of inability to use the Cloud Services unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with New York law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) $100.

      Force Majeure

      Remarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      Intellectual property rights

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to Remarkable and Remarkable’ s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      Use of third parties

      Remarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services. To the extent a sub-contractor processes personal data for which the Customer is data controller, the Data Processing Agreement (Appendix 1) sets out requirements in this regard.

      Amendments

      Remarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. Remarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      Notices

      All notices pursuant to the Subscription Agreement shall be submitted via Remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

      Complaints and dispute resolution

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, Remarkable may be contacted by via an online form at remarkable.com.

      Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with Remarkable and limits the manner in which you can seek relief from us.

      Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, you and Remarkable waive your rights to a jury trial and to have any dispute arising out of or related to this Subscription Agreement resolved in court. Instead, all disputes arising out of or relating to this Subscription Agreement will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

      You and Remarkable agree that any dispute arising out of or related to this Subscription Agreement is personal to you and Remarkable and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

      You and Remarkable agree that this Subscription Agreement affect interstate commerce and that the enforceability of this clause will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Subscription Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Subscription Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Remarkable agree that for any arbitration you initiate, you will pay the filing fee and Remarkable will pay the remaining JAMS fees and costs. For any arbitration initiated by Remarkable, Remarkable will pay all JAMS fees and costs. You and Remarkable agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

      Any claim you may have arising out of or related to this Subscription Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Remarkable will not have the right to assert the claim.

      You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this clause by sending an email to sales@remarkable.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 19. If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, Remarkable will submit this to the Customer upon request.

      Applicable Law

      This Subscription Agreement shall be governed by and construed in accordance with the laws of New York, U.S.A. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. Subject to the dispute resolution clause 11, Customer agrees that any disputes shall be referred to and finally resolved by the state or federal courts located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York.

      **********

      Remarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      These are the terms of supply for the Cloud Services subscribed to on www.Remarkable.com (Site) which make up the "Subscription Agreement" .The Site is operated by or on behalf of Remarkable AS (we, us and our). We are a limited company, registered in Norway. Our registered company number is 917 352 836 MVA, and our registered office is at Biermanns gate 6, 0473 Oslo, Norway. Our VAT registration number is 917 352 836 MVA.

      We have developed and sell computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service that allows you to automatically and securely back up and synchronize your work between different devices (such as computers, mobile phones etc.) (the "Cloud Services"). You acknowledge that in order to get access to the Cloud Services you must purchase a tablet and enter into these terms which gives you access to the Cloud Services. By purchasing a tablet you agree to be bound by these terms for access to the Cloud Services. Purchase of a tablet is subject to a separate set of terms and conditions, a copy of which can be found here.

      You should print a copy of these terms for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via our website and Cloud Services is governed by our Privacy Protection Statement.

      These terms were last updated on September 15th 2017.

      Our Cloud Services

      The Cloud Services are described in further detail on the Site.

      By entering into these terms you are subscribing to receive access to the Cloud Services. The subscription gives you access to the Cloud Services and your access to these Cloud Services shall continue until the Subscription Agreement is terminated (see Subscription termination).

      A standard subscription is provided free of charge and is ordered upon the purchase of the paper tablet ("Standard Subscription").

      We may in the future offer an upgraded cloud service with additional features ("Premium Subscription"). Premium Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

      Premium Subscription: Purchasing

      A Premium Subscription may be purchased by clicking on the Cloud Services you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase to us by clicking the ["Pay Now"] ["Subscribe and Pay Now"] ["Subscribe with obligation to pay"] button on the checkout page.

      Please note that clicking on the button on the checkout page described above does not mean that your Premium Subscription has been accepted. Your action constitutes an offer to us to subscribe to the relevant Cloud Services. All Premium Subscriptions are subject to acceptance by us. We are not obliged to accept your offer and may, at our discretion, decline to accept any offer for any reason. You do, however, acknowledge that by clicking on the ["Pay Now"] ["Subscribe and Pay Now"] ["Subscribe with obligation to pay"] button, you enter into an obligation to pay for the Premium Subscription. Where we accept your offer, we will confirm such acceptance by sending you a confirmation of your Premium Subscription (Subscription Confirmation). The contract between you and us in relation to the Premium Subscription will only be formed when we send you the Subscription Confirmation.

      Premium Subscription: Charges and Payment

      The charges for the Premium Subscription are as quoted on the Site from time to time. Charges include VAT.

      Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Subscription Confirmation.

      You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

      If your Premium Subscription renews, charges for each renewal period will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription (see Subscription cancellation).

      If you have questions regarding charges to your account, you should contact us (see Contacting us).

      We will endeavour to take payment in respect of all charges to your account from the same credit or debit card that you have previously paid with (unless you have provided details of an alternative card in your name that we should use). You authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to any Cloud Services in accordance with these terms, until that Cloud Services is cancelled or your account is closed.

      If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the Premium Subscription (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

      Username and password

      Upon registration for an account with us, you will be asked to create a username and password on the Site. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

      You must cease to use and delete the password for your account upon termination of your account for whatever reason.

      Technical Requirements

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by us without prior notice. We shall, however, notify the Customer at least 60 days in advance if we will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect your use of the Cloud Service, but if you fail to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to you.

      You shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and are responsible for all charges and expenses related thereto, including internet access. We reserve the right to cancel access to the Cloud Service in the event your failure to maintain and update own hardware or software should represent a security risk for us.

      Changes to the Cloud Services, charges and terms

      As it is our policy continually to review and update our Cloud Service offering, we reserve the right to make changes to the Cloud Services, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes that would significantly reduce the type or level of Cloud Services you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Cloud Services subscription without penalty, in which case, you should notify us that you wish to cancel your subscription (see Subscription termination). If you do not cancel your subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

      Acceptable Use

      You agree that you will not, nor allow anyone else to, use your account or any Cloud Services:

      • to access or attempt to access any Cloud Services which you have not purchased or subscribed to;
      • to interfere with or disrupt the provision of any Cloud Services or use any Cloud Services in a way that interferes with anyone else’s use of any Cloud Services;
      • to further any criminal or fraudulent activity or to impersonate another person;
      • to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights);
      • to upload to the Cloud Services any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, or offensive; or
      • otherwise in breach of any acceptable use guidelines that we may issue from time to time.


      User Content

      We have no obligation to monitor your use of the Cloud Services in order to ensure compliance with the terms of this Subscription Agreement or English law.

      You own and are responsible for all data, information and material of any kind uploaded to the Cloud Services by you, including personal data. Where applicable, you are responsible for obtaining the appropriate authorizations for processing personal data. You are also required to obtain the consent of the people involved where applicable. You are fully responsible for ensuring that the data or information you upload to the Cloud Services can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      You undertake to indemnify us for any third party claims arising as a result of your use of the Cloud Service in breach of this Subscription Agreement.

      Personal Data

      We will process the personal data which you provide or upload to the Cloud Service only to the extent necessary to fulfill our obligations pursuant to this Subscription Agreement and in accordance with our Privacy Protection Statement.

      License and Intellectual Property Rights

      You are granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Services in accordance with the Subscription Agreement for the duration of the Agreement.

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to us and our suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in the paragraph above.

      Consumer Cancellation rights

      You normally have the right to cancel a contract within 14 days after the date we send you the Subscription Confirmation. However, you acknowledge that we start provision of the Cloud Services without undue delay following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once the Cloud Services have been fully carried out.

      In the ordering process, you are asked to consent to commencement of delivery, while acknowledging that the right of cancellation has thus been lost.

      Subscription Termination

      You may terminate this Subscription Agreement at any time and without justification through the customer profile on the Site or via email to sales@remarkable.com.

      If you do not wish your Premium Subscription to renew automatically at the end of the then-current subscription period you must notify us (see Contacting us) (or alter the subscription renewal settings of your account through the Site), at least 7 days in advance of renewal. If you do not do this, charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to notify us in advance of renewal. If you terminate your Premium Subscription, your Standard Subscription will continue unless you notify us otherwise through the customer profile.

      Cloud Services Suspension and Termination

      We may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      We may terminate the Subscription Agreement for any reason, with three months' notice, no earlier than six years from the date of purchase, unless such termination is for the reasons set out below.

      We may at any time without prior notice, terminate the Subscription Agreement or suspend and/or terminate any Cloud Services and/or your use of your account in the event that:

      • you return your tablet either under your cancellation rights or for a refund for a faulty product under the terms for purchase of the tablet;
      • you have breached any of these terms;
      • you fail to pay any correctly billed charges within 20 days of being due; or
      • you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

      If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

      • issue of a warning to you;
      • immediate, temporary or permanent removal of any content submitted by you on to the Cloud;
      • immediate, temporary or permanent withdrawal of your right to use any Cloud Services;
      • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
      • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

      The responses described above are not limited, and we may take any other action we deem appropriate.

      Upon termination of the Subscription Agreement or Cloud Services or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Premium Subscription):

      • all rights granted to you under these terms will immediately cease;
      • you must promptly discontinue all use of the relevant Cloud Services; and
      • you must pay us all outstanding amounts that you owe us (if any).

      Upon termination of the Subscription Agreement, you will lose access to the Cloud Services. You must ensure to download all data that you wish to retain from the Cloud Service before termination of the Subscription Agreement. We will not be responsible for providing you with a copy of any of your data and we will delete any data within 7 days of the termination of this Subscription Agreement.

      Our liability

      Nothing in these terms shall limit or exclude our liability to you:

      • for death or personal injury caused by our negligence;
      • for fraudulent misrepresentation;
      • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
      • for any other liability that, by law, may not be limited or excluded.

      Subject to this, any liability we do have for losses you suffer arising from any Subscription Agreement shall not, in respect of any 12-month period (calculated from the date of that Subscription Agreement), exceed the total combined of (i) the charges payable by you for the relevant Cloud Service(s) in that 12-month period (if any); and (ii) the price of the tablet purchased; and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Subscription Agreement that is caused by events outside our reasonable control.

      General

      You may not transfer or assign any or all of your rights or obligations under any contract.

      All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

      If we fail to enforce any of our rights, that does not result in a waiver of that right.

      If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

      These terms may not be varied except with our express written consent.

      These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

      These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

      You agree that any dispute between you and us regarding these terms or any contract will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

      The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

      Contacting us

      Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to sales@remarkable.com.

    • TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, organization number 917 352 836, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a Cloud Service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablet the customer must enter into this subscription agreement which gives the customer access to the Cloud Service (the “Subscription Agreement”).

      reMarkable’ s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

       

      DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

       

      SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge upon the purchase of the paper tablet.

      reMarkable may in the future offer an upgraded Cloud Service with additional features. Premium subscription is subject to a rolling subscription fee in addition to the price paid for the tablet.

       

      SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the subscription period.

      The Subscription Period starts running from the moment the Customer creates a customer profile on reMarkable’s website.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with section 4 below.

       

      TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on reMarkable’s website.

      reMarkable may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) reMarkable offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to clause 9 below.

      On the expiry of the refund period, the Subscription Agreement may be terminated by reMarkable with three month’s prior notice (current + three months), if termination is reasonably necessary to protect reMarkable’s interests.

      Upon termination of the Subscription Agreement, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.

       

      TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements for the Cloud Service is available here (“Technical Requirements”).

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for reMarkable.

       

      SERVICE LEVELS AND PLANNED DOWNTIME

      To the full extent permitted by law, the Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. The Cloud Service shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. The Customer is further aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’ s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      TO THE FULL EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS AND REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE CLOUD SERVICE, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

       

      PERSONAL DATA

      reMarkable will manage the personal data which the Customer provides or uploads to the Cloud Service only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.

      For further information on reMarkable’ s management of personal data, including information about your rights as registered, please refer to reMarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal.

       

      CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright) or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or Norwegian law. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or Norwegian law.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

       

      TERMINATION FOR DEFAULT

      It should be noted that the provisions of this clause [10] applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Cloud Service as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that violates any policies or guidelines implemented by reMarkable from time to time with respect to the use of the Cloud Service or which may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’ s Software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent my e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

       

      LIMITATION OF LIABILITY

      To the full extent permitted by law, reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for special, consequential or incidental damages or indirect loss or punitive or exemplary damages, unless caused intentionally. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses.

      However, if the Cloud Service is used for non-consumer purposes, the total liability for reMarkable, regardless of cause, is capped at the price of the Product.

       

      FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

       

      INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’ s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause [2] above.

       

      USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services. To the extent a sub-contractor processes personal data for which the Customer is data controller, the Data Processing Agreement (Appendix 1) sets out requirements in this regard.

       

      AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.

      Notice shall be given by e-mail to the e-mail address in your profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      In the event that reMarkable amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.

       

      NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via reMarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).

       

      COMPLAINTS AND DISPUTE RESOLUTION

      If the Customer has questions relating to the Cloud Service or wishes to make a complaint, reMarkable may be contacted by via an online form at remarkable.com.

      If a Customer wants an additional copy of the Subscription Agreement that the customer has accepted, reMarkable will submit this to the Customer upon request.

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

       

      Contact

      The seller and supplier of the Product is Remarkable AS, organization number 917 352 836.
      Remarkable is registered in the Register of Business Enterprises in Norway.
      Remarkable’s contact information is:
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: sales@remarkable.com
      Phone no.: 0047 23 65 24 40

    • TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). Customer must enter into subscription agreement in order to access the tablet’s cloud service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge on a trial basis upon the purchase of the reMarkable tablet.

      reMarkable may in the future offer a premium subscription, a  cloud service with additional features.

      Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the Subscription Period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website and connect the reMarkable tablet to the Cloud Service.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      4.1. Customer’s right to terminate

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE  PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      4.2. reMarkable’s right to terminate

      The Subscription Agreement may be terminated by reMarkable with two month’s prior notice (current + two month) without stating any reason. reMarkable may terminate the Subscription Agreement with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      4.3. Effects of termination

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. If requested by the Customer after the termination of the Subscription Agreement, reMarkable may continue to store the data in the Cloud Service, pursuant to terms agreed between the parties for such storage.

      5. PAYMENT AND BILLING FOR SUBSCRIPTIONS

      When ordering a subscription and providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements ("Technical Requirements") for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use reasonable efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      REMARKABLE DOES NOT WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL, OR THAT THE SERVICE WILL BE UNINTERUPTED, FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REMARKABLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS OR LOSSES RELATING THERETO.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, RELABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

      8. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

      9. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.reMarkable.com/legal/privacy-policy.

      Customers adhering to the GDPR must contact reMarkable, cf. clause 20, for a data processor agreement.  

      10. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service.

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, including but no limited to privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      11. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      12. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) US$100. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      13. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      14. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      15. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      16. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      17. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via e-mail to support.business@remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address), and shall be deemed given to the Customer on the day the e-mail is sent.

      18. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an i) affiliate, ii) a successor or iii) a third party together with the relevant business.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      19. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Subscription Agreement shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      20. CONTACT

      reMarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    • TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). Customer must enter into subscription agreement in order to access the tablet’s cloud service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge on a trial basis upon the purchase of the reMarkable tablet.

      reMarkable may in the future offer a premium subscription, a  cloud service with additional features.

      Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the Subscription Period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website and connect the reMarkable tablet to the Cloud Service.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      4.1. Customer’s right to terminate

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE  PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      4.2. reMarkable’s right to terminate

      The Subscription Agreement may be terminated by reMarkable with two month’s prior notice (current + two month) without stating any reason. reMarkable may terminate the Subscription Agreement with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      4.3. Effects of termination

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. If requested by the Customer after the termination of the Subscription Agreement, reMarkable may continue to store the data in the Cloud Service, pursuant to terms agreed between the parties for such storage.

      5. PAYMENT AND BILLING FOR SUBSCRIPTIONS

      When ordering a subscription and providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements ("Technical Requirements") for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use reasonable efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      REMARKABLE DOES NOT WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL, OR THAT THE SERVICE WILL BE UNINTERUPTED, FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REMARKABLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS OR LOSSES RELATING THERETO.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, RELABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 

      8. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

      9. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.reMarkable.com/legal/privacy-policy.

      Customers adhering to the GDPR must contact reMarkable, cf. clause 20, for a data processor agreement.  

      10. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service. 

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, including but no limited to privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      11. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      12. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) US$100. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      13. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      14. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      15. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      16. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      17. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via e-mail to support.business@remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address), and shall be deemed given to the Customer on the day the e-mail is sent.

      18. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an i) affiliate, ii) a successor or iii) a third party together with the relevant business.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      19. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Subscription Agreement shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      20. CONTACT

      reMarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    •  

      TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). Customer must enter into subscription agreement in order to access the tablet’s cloud service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge on a trial basis upon the purchase of the reMarkable tablet.

      reMarkable may in the future offer a premium subscription, a  cloud service with additional features.

      Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the Subscription Period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website and connect the reMarkable tablet to the Cloud Service.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      4.1. Customer’s right to terminate

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE  PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      4.2. reMarkable’s right to terminate

      The Subscription Agreement may be terminated by reMarkable with two month’s prior notice (current + two month) without stating any reason. reMarkable may terminate the Subscription Agreement with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      4.3. Effects of termination

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. If requested by the Customer after the termination of the Subscription Agreement, reMarkable may continue to store the data in the Cloud Service, pursuant to terms agreed between the parties for such storage.

      5. PAYMENT AND BILLING FOR SUBSCRIPTIONS

      When ordering a subscription and providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements ("Technical Requirements") for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use reasonable efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      REMARKABLE DOES NOT WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL, OR THAT THE SERVICE WILL BE UNINTERUPTED, FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REMARKABLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS OR LOSSES RELATING THERETO.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, RELABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 

      8. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

      9. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.reMarkable.com/legal/privacy-policy.

      Customers adhering to the GDPR must contact reMarkable, cf. clause 20, for a data processor agreement.  

      10. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service. 

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, including but no limited to privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      11. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      12. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) US$100. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      13. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      14. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      15. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      16. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      17. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via e-mail to support.business@remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address), and shall be deemed given to the Customer on the day the e-mail is sent.

      18. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an i) affiliate, ii) a successor or iii) a third party together with the relevant business.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      19. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Subscription Agreement shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      20. CONTACT

      reMarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    • TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). Customer must enter into subscription agreement in order to access the tablet’s cloud service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge on a trial basis upon the purchase of the reMarkable tablet.

      reMarkable may in the future offer a premium subscription, a  cloud service with additional features.

      Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the Subscription Period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website and connect the reMarkable tablet to the Cloud Service.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      4.1. Customer’s right to terminate

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE  PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      4.2. reMarkable’s right to terminate

      The Subscription Agreement may be terminated by reMarkable with two month’s prior notice (current + two month) without stating any reason. reMarkable may terminate the Subscription Agreement with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      4.3. Effects of termination

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. If requested by the Customer after the termination of the Subscription Agreement, reMarkable may continue to store the data in the Cloud Service, pursuant to terms agreed between the parties for such storage.

      5. PAYMENT AND BILLING FOR SUBSCRIPTIONS

      When ordering a subscription and providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements ("Technical Requirements") for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Cloud Service, and reMarkable has no responsibility in this regard. reMarkable will however always use reasonable efforts to accommodate and develop the Cloud Service on the basis of updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.

      The Customer is responsible for backing up the content in the Cloud Service, and reMarkable encourages the Customer to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to the Customer for loss of data.

      REMARKABLE DOES NOT WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL, OR THAT THE SERVICE WILL BE UNINTERUPTED, FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REMARKABLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS OR LOSSES RELATING THERETO.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, RELABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 

      8. INDEMNIFICATION

      The Customer agrees to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) the Customer's purchase or use of, or inability to use, the Cloud Services; (b) the Customer's violation of this Subscription Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Cloud Service, (c) any personal data or other data or content related to Customer or other users which Customer provides, uploads or inputs into the Cloud Service, or (d) the Customer's violation of any applicable law or any rights of any third party related to the Customer's use of the Cloud Service.

      9. PERSONAL DATA

      reMarkable will process the personal data in accordance with reMarkable’s Privacy Protection Statement.

      For further information on reMarkable’s processing of personal data, including information about the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.reMarkable.com/legal/privacy-policy.

      Customers adhering to the GDPR must contact reMarkable, cf. clause 20, for a data processor agreement.  

      10. CUSTOMER’S USE OF THE CLOUD SERVICE AND INDEMNITY

      The Customer shall not use the Cloud Service in any way which violates any laws or regulations, infringes anyone’s rights or damages or interferes with the Cloud Service or any features on the Cloud Service.

      The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify reMarkable immediately of any unauthorized use of the above information or any other breach of security. The Customer is the only authorised user of the registered account at the Cloud Service. 

      reMarkable has no obligation to monitor the Customer’s use of the Cloud Service in order to ensure compliance with the terms of this Subscription Agreement or applicable law or regulations. However, reMarkable reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if reMarkable reasonably suspects that there might be a breach of the Subscription Agreement or any applicable law or regulations.

      The Customer owns and is responsible for all data, information and material of any kind uploaded to the Cloud Service by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Cloud Service can be legally uploaded, that the data is legal and that the data does not violate third party rights, including but no limited to privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.

      The Customer undertakes to indemnify reMarkable for any third party claims arising as a result of the Customer’s use of the Cloud Service in breach of the Subscription Agreement.

      11. TERMINATION FOR MATERIAL BREACH

      reMarkable may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use of the Cloud Service as part of any crime or illegal behaviour (including without limitation all kinds of fraud), (ii) use of the Cloud Service in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by the Customer to amend the Cloud Service or to use any other software or hardware other than reMarkable’s software or hardware linked to the Cloud Service or (iv) payment default lasting more than 20 days, provided reMarkable has provided the Customer with at least one payment reminder (which may be sent by e-mail).

      The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if reMarkable is in material breach of the Subscription Agreement.

      12. LIMITATION OF LIABILITY

      reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Subscription Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to the Customer's use or inability to use the Cloud Services. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable law, are regarded as indirect losses.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY CUSTOMER, IF ANY, TO REMARKABLE FOR SUCH CLOUD SERVICE FOR THE 30 DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) US$100. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

      13. FORCE MAJEURE

      reMarkable shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Subscription Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Subscription Agreement.

      14. INTELLECTUAL PROPERTY RIGHTS

      The Cloud Service and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in clause 3 above.

      15. USE OF THIRD PARTIES

      reMarkable may use sub-contractors to deliver the Cloud Service, including all support and maintenance services.

      16. AMENDMENTS

      reMarkable reserves the right to amend and change the terms of this Subscription Agreement by using reasonable efforts to notify Customer of changes, unless the change is due to a legal obligation which requires a notice period. Customer’s continued use of the Cloud Services will confirm Customer’s acceptance of such changes. reMarkable encourages Customer to frequently review this Subscription Agreement and any other applicable policies and guidelines to ensure Customer understands the terms and conditions that apply to Customer’s use of the Cloud Service. If Customer does not agree to the amended terms, policies or guidelines, Customer must stop using the Cloud Service.

      Notice shall be given by e-mail to the e-mail address registered in the Customer's profile, and shall be deemed given to the Customer on the day the e-mail is sent.

      17. NOTICES

      All notices pursuant to the Subscription Agreement shall be submitted via e-mail to support.business@remarkable.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address), and shall be deemed given to the Customer on the day the e-mail is sent.

      18. MISCELLANEOUS

      The Customer may not transfer or assign any or all of its rights or obligations under this Subscription Agreement.

      reMarkable may transfer or assign any or all of its rights and obligations under this Subscription Agreement to an i) affiliate, ii) a successor or iii) a third party together with the relevant business.

      If reMarkable fails to enforce any of its rights under the Subscription Agreement, this does not result in a waiver of any such rights.

      If any provision of this Subscription Agreement is found to be unenforceable, all other provisions shall remain unaffected.

      This Subscription Agreement and any document expressly referred to in it represent the entire agreement between the Customer and reMarkable in relation to the subject matter.

      19. APPLICABLE LAW AND DISPUTE RESOLUTION

      This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway.

      Any dispute arising out of this Subscription Agreement shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.

      20. CONTACT

      reMarkable AS
      Organization number 917 352 836
      Registered in the Register of Business Enterprises in Norway
      Address: Biermanns gate 6, 0473 Oslo, Norway
      E-mail: support.business@remarkable.com
      Phone no.: 0047 23 65 24 40

    • TERMS AND CONDITIONS – SUBSCRIPTION AGREEMENT

      reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells paper tablets for reading, writing and sketching. The tablet is connected to a software and a cloud service which allows users to automatically and securely back up their work as well as synchronize their work between different devices (such as computers, mobile phones etc.). Customer must enter into subscription agreement in order to access the tablet’s cloud service (the “Subscription Agreement”).

      reMarkable’s cloud based platform “Cloud Service” enables the Customer to upload documents and data created on the tablet and synchronize their work between different devices (or equivalent service developed by reMarkable in the future which offers the Customer corresponding features and functions).

      References in the Subscription Agreement to “Customer” shall mean the entity or person stated as “user” in the online login portal available at reMarkable’s website www.remarkable.com.

      The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Cloud Service, subject to confirmation by reMarkable as mentioned in clause 1 below.

      1. DESCRIPTION OF THE SERVICE

      The Cloud Service and its features are described in further detail on reMarkable’s website.

      The Customer may order the Cloud Service using the ordering process on reMarkable’s website. All orders are subject to acceptance by reMarkable at its discretion.

      2. SUBSCRIPTION OPTIONS

      A standard subscription is provided free of charge on a trial basis upon the purchase of the reMarkable tablet.

      reMarkable may in the future offer a premium subscription, a  cloud service with additional features.

      Subscription is subject to a rolling subscription fee in addition to the price paid for the tablet. reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the Cloud Service after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutes Customer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.

      WHEN CUSTOMER REGISTERS FOR A PAID PREMIUM SUBSCRIPTION, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY CUSTOMER VIA REMARKABLE`S WEBSITE) FOR CUSTOMER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER’S SUBSCRIPTION CONTINUES, AND (B) CUSTOMER’S SUBSCRIPTION IS CONTINUOUS UNTIL CUSTOMER CANCELS IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO THE CLOUD SERVICES IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.

      3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD

      The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Cloud Service in accordance with the Subscription Agreement during the Subscription Period.

      The subscription period starts running from the moment the Customer creates a customer profile on reMarkable’s website and connect the reMarkable tablet to the Cloud Service.

      Unless otherwise specified in the ordering process, the subscription runs until terminated by either party in accordance with clause 4 below.

      4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION

      4.1. Customer’s right to terminate

      The Customer may terminate the Subscription Agreement at any time and without justification through the customer profile on reMarkable’s website.

      For paid subscriptions, Customer may cancel its subscription at any time upon thirty (30) days’ prior notice by logging into Customer’s profile and following the instruction to cancel. Customer will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellations of Customer’s paid rolling subscription. Customer will not receive a refund for any partial month or any renewal that occurs during the thirty (30) days’ notice period.

      From time to time, to the extent legally permitted, reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers Customer a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.

      ONCE THE  PROMOTIONAL TRIAL ENDS, CUSTOMER AUTHORIZES REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING CUSTOMER’S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR CUSTOMER’S SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS CUSTOMER CANCELS THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THIS CLAUSE.

      4.2. reMarkable’s right to terminate

      The Subscription Agreement may be terminated by reMarkable with two month’s prior notice (current + two month) without stating any reason. reMarkable may terminate the Subscription Agreement with immediate effect in the event of material breach of any of Customer's obligation under this Subscription Agreement, cf. clause 11 below.

      4.3. Effects of termination

      Upon termination of the Subscription Agreement, whether by reMarkable or the Customer, the Customer will lose access to the Cloud Service. The Customer must ensure to download all data that the Customer wishes to retain from the Cloud Service before the subscription period expires or the Subscription Agreement is terminated.

      reMarkable provides a standard file format for such data export through the Cloud Service. If requested by the Customer after the termination of the Subscription Agreement, reMarkable may continue to store the data in the Cloud Service, pursuant to terms agreed between the parties for such storage.

      5. PAYMENT AND BILLING FOR SUBSCRIPTIONS

      When ordering a subscription and providing a payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or our third party payment processor) to charge Customer’s payment method for the total amount of Customer’s Subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Customer’s order or subscription may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order. In the event Customer wants to change or update payment information associated with Customer’s account, Customer can do so by logging into Customer’s account profile and editing the payment information. Customer acknowledges that the amount billed may vary due to promotional offers, changes to the subscription or changes in applicable taxes or other charges, and Customer authorizes reMarkable (or our third party payment processor) to charge Customer’s payment method for the corresponding amount.

      Unless otherwise stated by reMarkable, all prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Premium subscriptions and the Cloud Services are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order, or discontinue offering certain subscriptions or services without prior notice, even if Customer has already placed an order.

      Customer is responsible for any sales duty or other governmental taxes or fees due with respect to Customer’s purchase of a subscription or other products. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

      6. TECHNICAL REQUIREMENTS

      Information about the platform, hardware and software requirements ("Technical Requirements") for the Cloud Service is available on reMarkable’s website.

      The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify the Customer at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.

      Amendments to Technical Requirements shall not affect the Customer’s use of the Cloud Service, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.

      The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Cloud Service, and is responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to the Cloud Service in the event Customer’s failure to maintain and update own hardware or software should represent a security risk for reMarkable.

      7. SERVICE LEVELS AND PLANNED DOWNTIME

      The Cloud Service is provided “as is” and as a standardized service to anyone who has a valid subscription. A subscription gives the Customer a right to use the Cloud Service as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which the Customer uses the Cloud Service. reMarkable reserves the right to make improvements, add, modify or remove functionality. reMarkable may, however, not remove functionality which in reMarkable’s view is to be regarded as key features of the Cloud Service.

      The Customer acknowledges that the Cloud Service will not always be completely free of errors and that the improvement of the Cloud Service is a continuous process. reMarkable may, from time to time, with or without prior notice, temporarily suspend the operation of any Cloud Services and/or the reMarkable website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

      The Customer is aware that successful use of the Cloud Service is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the Cloud Service caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or ot