GENERAL CONTRACTING CONDITIONS OF TELEMETRY EXTRACTOR

1. GENERAL INFORMATION

The purchase, acquisition and use of any of TELEMETRY EXTRACTOR (hereinafter, “TELEMETRY EXTRACTOR”) products through the website https://goprotelemetryextractor.com (hereinafter, the “Website”) by any user implies the express and unreserved acceptance of all the terms of these General Contracting Conditions (hereinafter, the "Conditions").

Their observance and compliance will be demanded of any user who acquires any product of TELEMETRY EXTRACTOR available in the Website. The products consist, mainly, in software tools and programs that help users to visualize, structure, and interpret in a more sophisticated way data obtained through action cameras, drones and other data-logging devices.

Company: Telemetry Overlay S.L. (hereinafter, “TELEMETRY EXTRACTOR” or the “Holder”)
Social Address: Carrer del Comte Borrell, 290 1º 1ª, 08029 Barcelona, España
VAT number: ESB06819726
Email: app@prototyping.barcelona

For access to the Website, Users will not be required to register. However, in order to acquire and use the products offered by TELEMETRY EXTRACTOR, the User will be required to register and accept these conditions before formalizing payment. An exception to the abovementioned will take place in the freemium products available in https://goprotelemetryextractor.com/free/ and https://goprotelemetryextractor.com/csv-gpx-to-mgjson/.

These are the only contracting conditions applicable to the acquisition of products through the Website (without prejudice to the fact that for certain products may have special conditions and specifications, which will be published in the Website) and replace any other conditions, unless previously agreed upon in writing between TELEMETRY EXTRACTOR and the User.

2. THE USER

In order to receive the products offered through the Website, the User must enter his/her email and proceed to pay through a third payment entity.

The User shall be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords to prevent possible unauthorized use.

In the event that the User believes that his/her data have been assigned to a third party, or if they have been used in an unauthorized manner, or are likely to be so, he/she must notify TELEMETRY EXTRACTOR of this situation immediately.

The User must check that his/her data are correct and complete and inform TELEMETRY EXTRACTOR when there is any variation and/or modification in the information provided during the purchase process.

3. THE PRODUCTS

The products offered through the Website are divided into two different categories: (i) programs which need to be downloaded and executed in the operating system (OS) of users’ devices, and (ii) templates which just need to be downloaded by users. In any case, the products are never provided as a service or online (SaaS).

Currently, the products offered through the Website are:

A) Programs

B) Templates (for Adobe After Effects)

C) CSV and GPX files converter into mgJSON files.

Conditions of the acquisition of products:

TELEMETRY EXTRACTOR will never access to the content of the files uploaded by the User, since the whole process works automatically.

Each of the products have a series of different characteristics which are indicated in the Website, and may vary over time.

The Telemetry Extractor Premium app has been developed on Windows 10 (64 bits) and also tested on macOS (Sierra), but should work on previous Windows and macOS versions (64 bits). The Telemetry Extractor After Effects Templates have been designed for Adobe After Effects version 2020 and newer.

The user, depending on the type of product, might have to insert some personal data in the web form, as the email for freemium products, or some other personal data for the correct billing of the purchase.

The user, after choosing the corresponding product and indicating his personal data, he/she must proceed to pay and, after payment and receipt of the product- or after making it available to the user- these Conditions will be fully binding for the User and the Holder.

In order to contract a TELEMETRY EXTRACTOR order, the User must be over 18 years old or, in the case of being under 18 but over 14, must have the proper authorization from their parents or legal guardians.

By purchasing the products, the User gets a single license of use, associated with his email address.

The license is valid for one computer/device at a time and is not transferrable between users.

For purchasing multiple licenses in bulk, please get in touch.

The products are provided "as is" and the Holder disclaims all warranties with regard to the products including all implied warranties of merchantability and fitness. In no event shall the Holder be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of these products.

4. PRICING, PAYMENT AND DISCOUNTS

Once completed the form, the User must proceed with the payment through the payment method specified on the Website.

After payment is made, the User will receive a confirmation email, which will include a summary of the services purchased and the invoice.

If, at the time of payment, an incident occurs preventing the payment, the User will receive an automatic payment error message and his/her order will not be processed until the payment process has been successfully completed.

The prices of the services are expressed in US dollars on the Website, including taxes and handling fees. The final amount will be indicated at the time of final confirmation of each order.

All prices shown are final prices, except in cases were VAT should apply, in which case the user will always have a breakdown of the price.

TELEMETRY EXTRACTOR may offer coupon codes to its Users. Such discounts may only be applied in accordance with the instructions specified by TELEMETRY EXTRACTOR with respect to each code, and in any case, Users must only use one code per order.

5. WITHDRAWAL AND REFUND POLICY

5.1. Withdrawal

The User, in general terms, will not have the right to withdraw from the purchase once it has been executed. In this sense, Article 103 a) of Spanish General Law for the Protection of Consumers, indicates that "the right of withdrawal will not be applicable to contracts that refer to the provision of services, once the service has been completely executed", and Article 103 m) establishes that “the right of withdrawal will not be applicable to the provision of digital content which is not provided on a physical medium where the performance has begun with the prior express consent of the consumer (…)”.

5.2. Refund policy

If the purchased software does not behave as advertised, users can request a refund at app@prototyping.barcelona in the first 72 hours after a purchase. Refund requests should be accompanied by visual evidence that the product is failing to produce the expected results in the form of video or photos. Decisions on refunds will be made on a one-by-one basis.

Refunds will not be issued if the problem the user is facing is caused by their files missing the GPS data, sensor data or the necessary precision. Users can review the quality of their data files and a sample of the expected results before making a purchase by using the Telemetry Overlay (trial), Telemetry Extractor Lite (for GoPro videos) or the DJI SRT Flight Data Viewer, the Subtitle Extractor (for DJI drone videos) and the Lite templates for After Effects (linked in the description of each Telemetry Template product). Users can provide their video/data samples in advance by email for a compatibility analysis. The products do not have a trial period unless otherwise specified.

Refunds will not be issued if the problem the user is facing is caused by them not using the recommended versions of required third party software. Specifically, GoPro Quik versions for the GPS Quick Fix program and Adobe After Effects versions for any Telemetry Template(s) for After Effects product.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Holder is the owner or, where appropriate, has the appropriate licenses on the rights of exploitation of intellectual property needed to operate the Website, as well as all content offered on it, including the Website itself, text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it. The Holder is also the author and owner of all intellectual and industrial property rights of the products offered through the Website.

In no case shall it be understood that access, navigation and use of the Website by the User implies a waiver, transmission, license or transfer of all or part of such rights by the Holder.

In case of acquisition and/or purchase of any of the products offered through the Website, the User will hold a license of use and exploitation of such product, but this license will never imply the right to re-sell, sublicense, edit, modify, reproduce or communicate the content of the products, including the source code, in whole or in part.

References to registered trademarks or trade names- e.g. “GoPro”-, or other distinctive signs, whether owned by the Holder or by third parties, carry an implicit prohibition on their use without the consent of the Holder or their legitimate owners. At no time the access, navigation or use of the Website and / or its contents gives the User any right to use distinctive signs included in it, unless otherwise provided in this Conditions.

It is also forbidden to remove or manipulate the copyright indications or other credits that identify the Holder, as well as the technical protection devices, the digital fingerprints, or any protection mechanism or information incorporated into the contents offered in the Website.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual or industrial property rights, or of any other nature, he must immediately notify the Holder by sending an e-mail to app@prototyping.barcelona so that the Holder can proceed to take appropriate measures.

Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Holder violates its rights of intellectual property, industrial, or any other kind, must send a communication to app@prototyping.barcelona with the following information:

  1. Identification data and means of contact of the claimant or his legal representative;
  2. Documentation accrediting your status as Holder of the allegedly infringed rights;
  3. Detailed account of the rights allegedly infringed by the Holder, as well as their exact location within the Website;
  4. Express declaration by the claimant that the use of the contents has been made without the consent of the Holder of the allegedly infringed rights.

7. RULES OF USE OF THE WEBSITE

IS NOT ALLOWED AND, THEREFORE, ITS CONSEQUENCES WILL BE THE EXCLUSIVE RESPONSIBILITY OF THE USER, THE FOLLOWING LIST:

  1. Access or use of the website for illegal or unauthorized purposes, whether for profit or not.
  2. Using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
  3. Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
  4. Use the Website to collect personal data from other Users;
  5. Use the Website in an illegal way, against good faith, morals and public order;
  6. Registering through the Website under a false identity, impersonating a third party or using a profile or performing any other action that may confuse other Users about the User's identity;
  7. Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to the Owner's servers, or to the services offered through the Website, by means of hacking or forgery, extraction of passwords or any other illegitimate means;
  8. Breaking, or attempting to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
  9. Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Holder, as well as in the systems and networks connected to the Website; or
  10. Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its features, either by altering or trying to alter, illegally or otherwise, the access, participation or operation of them, or falsifying the result of them and / or using fraudulent methods of participation, through any procedure, and / or through any practice that attempts or violates this Legal Notice.

Failure by the User to comply with any of the above obligations may result in the adoption by the Owner of the appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the deletion or blocking of the offending User's account, without any possibility of compensation for damages caused.

8. RESPONSIBILITIES AND GUARANTEES

The Holder cannot guarantee the reliability, usefulness or truthfulness of all the information and/or the services and contents of the Website nor the usefulness or truthfulness of the documentation made available through it. Moreover, the Holder does not guarantee that the products offered in the Website are going to fit within the expectations of the User, and only guarantees that the product is going to comply with the indications published in the Website for each of the products.

Consequently, the Holder does not guarantee or take responsibility for:

  1. The impossibility for the user to execute the programs or use the products in case their device or operating system is not properly updated;
  2. The continuity of the contents and services of the Website;
  3. The absence of errors in these contents and services;
  4. The absence of viruses and/or other harmful components in the Website or in the server that supplies it;
  5. The invulnerability of the Website and/or the impossibility of violating the security measures adopted therein;
  6. The lack of usefulness or performance of the content and services of the Website; and
  7. The damage or harm caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the Holder establishes in the Website or through the violation of the security systems of the Website.

Nevertheless, the Holder declares that he has taken all necessary measures, within his possibilities and the state of the art, to ensure the operation of the Website and minimize system errors, both from a technical point of view and from the contents published on the Website.

The Holder does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could imply an infringement of the rights of third parties, he/she must immediately notify the Holder so that he can proceed to take the appropriate measures.

The Holder shall not be responsible for the accuracy, completeness or updating of information published on the Website from sources outside it, as well as those contained in other platforms to which it is linked from the Website. The Holder shall not be liable for any hypothetical damage that may arise from the use of such information.

The Holder shall not be liable for causes beyond its control, among which can be listed in a non-limitative manner: force majeure, problems of Internet access, technological problems beyond the diligent and reasonable management of the Holder, actions or omissions of third parties, etc. In all cases referred to, beyond the control and due diligence by the Holder, there will be no compensation from the Holder to the User for damages, to the extent permitted by law.

9. CUSTOMER SERVICE

Technical support will be provided via email (app@prototyping.barcelona) for one year after the purchase date.

Support will not be immediate and will depend on availability.

Repetitive, incoherent, ill-intentioned or unrelated (to the purchased product) questions will not be addressed.

Support will only be provided in English and Spanish languages.

10. CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of EU Regulation 679/2016 on Data Protection, all personal data collected during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that every User must expressly accept in order to use and register in the system.

11. TERMINATION

This Agreement between the User and the Holder is effective from the date the User first acquire the products and shall continue until termination after one year from the acquisition of the products. After said period, the User will still have to comply with several clauses such as confidentiality or intellectual and industrial property obligations.

The User may terminate this Agreement at any time upon written notice to the Holder.

It will also terminate immediately if the User fails to comply with any term of these Conditions. After such termination, the license granted by this Agreement will immediately terminate and the user must stop all access and use of the products. The provisions that by their nature continue and survive will survive any termination of this Agreement.

12. GENERAL

The headings of the various clauses are for information only, and shall not affect, qualify or extend the interpretation of this Conditions. Likewise, the Holder may modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way that this Conditions appears or through any type of communication addressed to the Users.

The temporary validity of this Conditions coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.

The Holder may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to ask for any compensation. After such termination, the prohibitions on the use of the contents set out above in this Conditions shall remain in force.

In the event that any provision of this Conditions is declared null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions of this Conditions.

The failure on exercising or enforcing any right or provision contained in this Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Holder.

TELEMETRY EXTRACTOR may translate these Conditions, the Legal Notice, its Privacy Policy, or any other policy or procedure that may be posted on the Website, but the English version will prevail in the event of any conflict.

The information on this Website is in force as of the date of its last update. TELEMETRY EXTRACTOR reserves the right to unilaterally modify the present Conditions, as well as any other information. The entry into force of the amendments to the Conditions will occur at the time of publication on this Website.

13. APPLICABLE LAW AND COMPETENT JURISDICTION

This Website is governed by the Spanish Law.

For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by law, both the Owner and Users, expressly submit to the jurisdiction of the Courts of Barcelona, renouncing their own jurisdiction.