Welcome to the THINKWARE Store (eu.thinkwarestore.com), operated by THINKWARE Auto GmbH., a corporation located at Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main, Germany ("THINKWARE" or "we"). By visiting our THINKWARE Store site and/ or purchasing devices or accessories ("Products") from us, you engage in our “Service”, and you agree to these Terms of Purchase ("Terms") and all incorporated policies, including our Return Policy, limited warranty terms, and any other applicable terms available in our Warranty Center.

PLEASE READ THESE TERMS CAREFULLY.

Your purchase constitutes acceptance of these Terms. These Terms include an agreement to resolve disputes through binding arbitration (see Section 24). If you do not accept these Terms, please refrain from placing an order.

1. THINKWARE Services

When using any THINKWARE product or service, your use is subject to the applicable terms and conditions for those services, including the THINKWARE Online Services Terms of Use. Some Product features may require a THINKWARE account. Services and features may vary by region and are subject to change.

2. Ordering

  • An active THINKWARE account is not required to place an order.
  • Orders are subject to availability and may be rejected or canceled at THINKWARE’s discretion.

3. Privacy

THINKWARE collects and uses your information as outlined in our Privacy Policy. We may share your information with third parties to address fraud, security issues, or technical concerns.

4. Support

Visit the Thinkware Support Center for assistance with Product-related questions, including help with setup, troubleshooting, downloads, and more.

5. Payment

By providing a payment method, you:

  • Represent that you are authorized to use it.
  • Authorize THINKWARE or its payment processor to charge it for the total order amount, including taxes and fees.

Orders may be canceled if payment cannot be processed, or we if we suspect fraudulent activities. Purchases are subject to the terms of your payment provider.

6. Prices and Taxes

  • Prices do not include shipping fees, which are displayed at checkout.
  • Prices are subject to change without notice.
  • Taxes are calculated at checkout based on your shipping address.

7. Availability and Order Limits

  • All products are subject to availability.
  • THINKWARE reserves the right to limit quantities or discontinue products without notice.

8. Modifications to the Service and Prices

Pricing and Service Changes
Prices for our products may change without notice. We reserve the right to modify or discontinue the Service, or any part of its content, at any time without notice. THINKWARE is not liable to you or any third party for price changes, modifications, suspensions, or discontinuations of the Service.

Pricing errors – If a product is listed at an incorrect price due to an error, THINKWARE reserves the right to cancel or reject any orders for that item. Depending on the circumstances, we may contact you for further instructions or cancel the order and notify you of the cancellation.

9. Errors, Inaccuracies, Modifications, and Omissions

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We may occasionally correct errors, inaccuracies, or omissions on our site or Service related to product details, pricing, promotions, or availability without prior notice, including after an order is submitted. We are not obligated to update or clarify information unless required by law, and any indicated update date does not guarantee that all information has been revised.

10. Product Availability and Accuracy

Certain products or services may be available exclusively online with limited quantities and are subject to our Return Policy. We strive to display product colors and images accurately, but we cannot guarantee your monitor’s color display will be precise.

11. Sales and Quantity Limits

We reserve the right to limit sales of our products or services to any individual, region, or jurisdiction at our discretion. Quantities of any product or service offered may also be limited. All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to discontinue any product at any time or void offers where prohibited.

12. No Guarantees

We do not guarantee that the quality of products, services, or information will meet your expectations or that errors in the Service will be corrected.

13. Promotions

Promotional offers are governed by their respective terms. Promotions may have expiration dates and are subject to availability.

14. Import and Export Compliance

Products are subject to U.S. and international import/export laws. You are responsible for compliance with all applicable regulations, including restrictions on destinations, users, and end-use.

15. Product Usage

Carefully follow all instructions included with your Product. Some features require a THINKWARE account. Ensure compliance with all agreements applicable to your Product or software.

16. Gifts

Products are for personal use and may be given as gifts but cannot be resold.

17. Technical Specifications

Product specifications, such as battery life and storage capacity, may vary based on usage and other factors. Actual storage capacity is less than stated due to system software.

18. Product Connectivity

Products may require additional services (e.g., cellular or Wi-Fi) for full functionality. These services are your responsibility, and THINKWARE is not liable for third-party fees or compatibility.

19. Return Policy

Returns are subject to our Return Policy. Ensure all data is erased from the Product before returning. THINKWARE is not responsible for any data left on returned Products.

20. Data Management

You are responsible for managing and backing up data on your Product. Before returning or servicing a Product, erase all personal data. THINKWARE is not liable for data use or disclosure.

21. Resale and Warranty

The Product warranty is intended solely for end-users. Unauthorized resellers are not eligible for warranty support.

22. Defects and Warranties

If a Product is defective, contact THINKWARE Support. Defective Products may be replaced with new or refurbished units. Additional details are available in our Warranty Center.

23. Limitation of Liability

To the maximum extent permitted by law:

  • THINKWARE is not liable for indirect, incidental, or consequential damages.
  • THINKWARE’s total liability is limited to the amount paid for the Product. Some jurisdictions do not allow these limitations, so they may not apply to you.

24. Governing Law and Arbitration

Binding Arbitration

All disputes arising from these Terms or Products must be resolved through binding arbitration under the Federal Arbitration Act (FAA). Arbitration is less formal than a lawsuit but offers the same remedies.

Exceptions

The following disputes are excluded from arbitration:

    1. Small claims actions.
    2. Intellectual property disputes.

Arbitration Process

    1. Notify the other party in writing of the dispute. To send us a notice, mail it to: THINKWARE Auto GmbH, Attn: Legal Department – Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main, Germany
    2. Attempt resolution within 60 days.
    3. If unresolved, initiate arbitration with the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

No Class Actions

Disputes must be resolved individually, not as part of a class or collective action.

Governing Law

These Terms are governed by California law, excluding conflict of laws principles.

25. Changes to Terms

The Terms effective at the time of purchase govern your order. Changes apply to future orders unless specified.

26. Events Beyond Control

Neither party is liable for delays caused by circumstances beyond their control, such as natural disasters or technical failures.

27. No Waiver

Failure to enforce any part of these Terms does not constitute a waiver of rights.

28. Severability

If any provision of these Terms of Purchase is found to be unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted by law. The unenforceable portion will be severed from these Terms, and the validity and enforceability of the remaining provisions will remain unaffected.

29. Contact Information

Questions about the Terms of Purchase should be sent to us at support@thinkware.com.