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.
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.
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.
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.
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.
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.
You may terminate this Subscription Agreement at any time and without justification through the customer profile on the Site or via email to firstname.lastname@example.org.
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.
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.
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.
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 email@example.com.