GoPro Plus Terms and Conditions
Last Updated Date: February 4th, 2020
These GoPro Plus Subscription Terms and Conditions (the "Plus Terms" or "Contract") are for US customers only. For all other customers please go here for the applicable Plus Terms.
Your use of the GoPro Plus Subscription product ("Plus" or "Subscription") is governed by these Plus Terms, which are described in further detail below. The following points are particularly important:
- Your Subscription automatically renews and you will be charged a Fee until cancelled by You or Us.
- You may cancel your Subscription at any time subject to the terms below.
- The cost of Plus is disclosed prior to purchase and confirmed via email following purchase.
- If you purchase a Subscription through an AppStore, such as Apple or Google Play, you must use the tools made available by those services to manage and/or cancel your Subscription.
- The Free Introductory Trial requires you to provide us with a payment method that will be charged for a Subscription once the Free Introductory Trial expires. If you do not want a Subscription following the expiration of a Free Introductory Trial, follow the Cancellation instructions to cancel your Subscription or contact Customer Support before your Free Introductory Trial expires.
- Offers may be subject to additional limitations, which are generally presented to you at the time of offer.
- Your Subscription includes a GoPro Care service contract as described in section 10.c and Attachment A that will provide coverage to You if Your Eligible Equipment experiences an Operational Failure. GoPro Care is available individually at a separate cost.
If you are not willing to be bound by the Plus Terms, you should not purchase or use Plus, and you may not access or otherwise use any portion of Plus. By signing up for a Subscription and providing Us with Your payment information, You hereby agree to these Plus Terms. If You provide Us Your e-mail address, We may, at Our discretion, deliver to You via electronic means any notice provided for in the Plus Terms. Your participation in the Subscription is optional and You may cancel the Subscription as set forth in Section 5.
- "Eligible Equipment Table" is as follows:
b. "Exchange Equipment" means the equipment that We ship to You when You submit Eligible Equipment for a Trade In. Exchange Equipment is (a) is the same make and model as the Eligible Equipment and is of like kind and quality; (b) is either new or refurbished, and may contain original or non-original parts; and (c) Exchange Equipment is only available while supplies last and We reserve the right at any time to stop manufacturing any Exchange Equipment.
c. "Effective Date" is the date you sign up for the Subscription as identified on Your Receipt.
d. "Operational Failure" means failure of Eligible Equipment to operate due to a defect in materials or workmanship, normal wear and tear.
e. "Receipt" means the order confirmation You receive when You complete registration for Your Subscription which identifies, at a minimum, the Effective Date and Fees.
f. "We", "Us", "Our", and "GoPro" means GoPro, Inc.
g. "You" and "Your" means the person who purchased this Subscription.
- Free Introductory Trial. Your Subscription may begin with a free trial (the “Free Introductory Trial”) that permits free access to Plus for new subscribers for a period of time specified when you sign up for Plus. You will be required to provide a credit card or other payment method at the start of the Free Introductory Trial in order to ensure uninterrupted access to the Subscription after the expiration of the Free Introductory Trial. Your Free Introductory Trial will automatically convert into a paid Subscription for the term you selected at registration and Your payment method will be charged as set forth in Section 4 unless You have cancelled Your Subscription as set forth in Section 5 before the end of the Free Introductory Trial. If you cancel during the Free Introductory Trial, you may continue to use Plus until the end of the Free Introductory Trial. You may not receive a notice from Us that Your Free Introductory Trial has ended or that the paying portion of Your Subscription has begun. You are only permitted one Free Introductory Trial. If Your Subscription is ever terminated for any reason, and You purchase a second Subscription, You shall not be eligible for a Free Introductory Trial on Your second Subscription.
- Account Registration. In order to access or use certain features of the Subscription, You may be required to create a GoPro account ("Account") and become a "Registered User" of the Subscription. During the registration process You will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when You use the Subscription and to update such information to keep it accurate, current and complete. GoPro reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. GoPro reserves the right to suspend or terminate Your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify GoPro of any unauthorized use of Your Account.
- Your Automatically Renewing Subscription Term. The subscription fee for Plus and any other applicable charges including taxes, transaction fees or other charges (collectively, the “Fee”) will be charged to your payment method on the billing date indicated on the Website, the Receipt and/or in Your account settings. The Fee will be stated on Our Website when you sign up or modify your account. In addition, the Fee will be stated on Your Receipt and/or in Your account settings. Your Subscription will continue and automatically renew for the applicable subscription term you selected when signing up for or modifying your account (e.g. monthly, annually or, if applicable, some other term) unless you cancel Your Subscription in accordance with Section 5 or we terminate, cancel, suspend or disable Your Subscription. GoPro, or, if applicable, the third-party through which you registered (the “AppStore”), will charge the Fee to your payment method on the expiration of the Free Introductory Trial and recurring based on your Subscription term (monthly, annually, or, if applicable, some other period). You will be asked to authorize, and by accepting these terms You hereby expressly authorize, GoPro or the applicable third-party to make such charges to Your payment method. Following registration on our website, We will send You a copy of this Contract to the email address You provide within a reasonable time, but no later than ten (10) days after Your acceptance.
- Cancellation. If you purchased a Subscription through an AppStore, You must use the tools made available by those services to manage Your Subscription, including cancelling and seeking a refund to which you may be entitled. If you purchased a Subscription from Us, this Contract may be cancelled by You for any reason at any time by selecting the cancel Subscription option within Your account settings, linked here, writing Us at 3000 Clearview Way, San Mateo, California, 94402, or contacting Us. You may cancel Your Subscription any time before the beginning of the next renewal term and avoid billing of the next term's Fee to Your chosen payment method. For monthly subscriptions, Your cancellation will be effective as of the last day of the period for which you paid a Fee. You may continue to use Plus until your cancellation is effective and no refund will be issued unless required by applicable law and/or otherwise set forth in Attachment A. For annual subscriptions, Your cancellation will be effective as of the last day before the beginning of the next full month of your annual term. You may continue to use Plus until your cancellation is effective and you will receive a pro-rated refund for the unused full months remaining in your annual term (unless applicable law or Attachment A provides otherwise). If you purchased an annual Subscription though an AppStore and you do not receive a refund to which you are entitled, contact GoPro Customer Support right away and We will process Your refund in accordance with applicable law. Your refund eligibility will begin when You contact GoPro Customer Support at gopro.com/help. You may be required to provide documentation to assist GoPro in calculating any refund to which you are entitled which may include, but is not limited to, evidence that you cancelled your Subscription via the AppStore, evidence about payments made to or received from the AppStore or other related information. You are required to cooperate with these requests in order to be eligible to receive a refund from GoPro.
- Agreement to Receive Electronic Communications. By enrolling in Plus, You consent to receive notifications from GoPro electronically to the email address You provide to us. You agree that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form.
- Modification of Plus Subscription and Terms. GoPro reserves the right to modify, terminate or impose additional terms and conditions to the Subscription and these Plus Terms at any time by posting updated Plus Terms. GoPro will give you advance notice of any material changes. Except as otherwise provided in these Plus Terms or otherwise communicated to you, any Fee changes or material changes to your Subscription will take effect at the end of your current paid term. Your continued use of the Subscription after we have posted the modification or, if applicable, after you received notice of the changes will constitute Your acceptance of the changes. We may also ask you to acknowledge your acceptance of the updated Plus Terms. If you do not agree to any material changes, You may cancel Your Subscription as described above in the “Cancellation” section.
- Credit Card Billing. Credit card payments to GoPro through the website are processed by First Data Corporation, Our third-party payment processor. If any fee is not paid in a timely manner, or We are unable to process Your transaction using the credit card information provided, We reserve the right to revoke access to Your Plus account. If You do not bring Your balance current within thirty (30) days after We provide You with notification that Your account is in arrears, We reserve the right to suspend, disable, cancel or terminate Your access to Plus. You will be responsible for paying all past due amounts even if Your account is suspended, disabled, cancelled or terminated for nonpayment or for otherwise violating the Contract or other applicable laws. If Your payment details change, Your card provider may provide Us with updated card details. We may use these new details in order to help prevent any interruption to the Subscription. If You want to use a different payment method or if there is a change in payment method, please visit Your Account Settings Page to update Your billing information. We will advise You by email if We use a new payment method.
- Credits. At any time, and for any reason, We may provide a Trade-In, credit, or other consideration to some or all of Our users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at Our sole and absolute discretion. The provision of Credits in one instance does not entitle You to Credits in the future for similar instances, nor does it obligate Us to provide Credits in the future, under any circumstances. In no circumstances will You be entitled to receive cash in lieu of a Credit.
- PLUS Benefits.
- Trade In: If You want to replace your damaged Eligible Equipment for any reason during the Contract Period, We will exchange it for Exchange Equipment.
- If the reason for Your replacement request is covered by the GoPro Warranty or GoPro Care service contract (Attachment A), You will be either subject to the terms of the GoPro Care Service Contract or Warranty. For more information on the GoPro Warranty please see https://gopro.com/help/articles/Block/Warranty-Information.
- If the reason for Your replacement request is not covered by the GoPro Warranty or GoPro Care service contract (hereinafter referred to as a "Trade In"), You will be charged a Trade-In Fee as listed in the Eligible Equipment Table. Complete the steps in Section 11. Once shipped, the Exchange Equipment immediately becomes Eligible Equipment for the remainder of Your Subscription. Trade-In Fees are subject to change at Our sole discretion. The Trade-In Fee is in addition to the Fee.
- Other Benefits: The Subscription also includes:
- GoPro Plus Premium Support. GoPro Plus Premium Support may include, but is not limited to, priority handling of contacts and claims, extended service hours, and advice on operating the Eligible and Exchange Equipment. You will only have access to GoPro Plus Premium Support during Your Subscription. For a full list of current GoPro Plus Premium Support services visit Us at www.gopro.com/help
- Unlimited cloud storage, limited to content captured with a GoPro device (excluding Fusion) or any GoPro application;
- 50% off purchases of eligible mounts and accessories. 50% off eligible purchases are limited to 10 mounts and/or accessories per subscription anniversary year. For more information on the discount visit Us at https://gopro.com/plus.
- GoPro Care. You will also be entitled to repair or replacement of Eligible Equipment for a covered Operational Failure that occurs during the term of this Subscription subject to the GoPro Care terms and conditions set forth in Attachment A. We will determine whether to repair or replace Your Eligible Equipment in our sole discretion.
- How to Initiate a Trade In.
- To initiate an Trade In, please contact GoPro Premium Support. GoPro Premium Support will help take you step-by-step through the Trade In process.
- Upon completion of your Trade In request, You will be charged a Trade-In Fee as listed in the Eligible Equipment Table, subject to the limitations and exclusions contained herein.
- We will mail You return shipping packaging with instructions regarding packing Your Eligible Equipment and returning it to Us.
- You will return Your Eligible Equipment to Us and we will send you Exchange Equipment. We reserve the right to charge your credit card on file the full retail price of Your Exchange Equipment and shipping or restocking fees if we do not receive Your Eligible Equipment within the time period specified by GoPro Premium Customer Service.
- Limits. A maximum of two (2) Trade Ins of Eligible Equipment for any reason will be allowed during a twelve (12) month period, beginning on Your billing date. Unused Trade In's do not carry over into the next 12-month period. If You use 2 Trade In's during a 12-month period, You are not eligible for any other Trade In's until the next 12-month period begins.
- What is not Included in the Subscription and What are the Limitations?
- The Subscription does not cover:
- Issues covered under the GoPro Warranty while such warranty is in effect. For more information on the GoPro https://gopro.com/help/articles/Block/Warranty-Information;
- Loss or theft of Eligible Equipment;
- Any GoPro equipment not listed in the Eligible Equipment Table;
- Eligible Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability;
- Contraband or property in the course of illegal transportation or trade;
- Exchange Equipment in transit to You;
- Consumable items, such as batteries (one standard battery will be provided with Exchange Equipment on approved Trade In's);
- Battery chargers (one standard charger will be provided with Exchange Equipment on approved Trade In's); or
- Any third-party accessories or equipment not manufactured by Us including but not limited to mounts, memory cards or other external storage devices, color face plates, personalized data, or customized software.
- Your credit card will be assessed the full retail cost of the Exchange Equipment if:
- You do not ship Your Eligible Equipment using the return shipping packaging GoPro provides;
- Your Eligible Equipment does not match the make, model and condition in your Trade In request;
- You do not have ownership of the Eligible Equipment or the equipment was reported as lost or stolen, or was purchased with government funds.
- Warranties, Representations, and Agreements. By subscribing to Plus, You confirm the following:
- You are of at least eighteen (18) years of age.
- You represent and agree that You are authorized to Trade In your Eligible Equipment to GoPro and that You have ownership, title and interest in any Eligible Equipment for Trade In, and that the device has not been reported as lost or stolen, and was not purchased with government funds. By submitting Eligible Equipment for a Trade In, You agree to transfer all ownership, title and interest in the device to GoPro.
- When submitting Eligible Equipment for a Trade In, You agree to delete all personal information and data ("Content") from Your Eligible Equipment and to retain all accessories and memory cards. Refer to the Eligible Equipment user guide or the manufacturer's Website for instructions regarding Content clearing and memory. You further agree that any Eligible Equipment You submit for Trade In will not be returned to You, and that any Content cannot be recovered.
- You agree to accurately represent the make, model and condition of your Eligible Equipment in Your Trade In.
- Entire Agreement. This Contract constitutes the entire and exclusive understanding and agreement between GoPro and You regarding the Subscription, and this Contract supersedes and replaces any and all prior oral or written understandings or agreements between GoPro and You regarding the Subscription.
- Assignment. Except as otherwise stated herein, You may not assign or transfer the Contract, by operation of law or otherwise, without GoPro's prior written consent. Any attempt by You to assign or transfer this Contract, without such consent, will be null and of no effect. GoPro may assign or transfer this Contract, at its sole discretion, without restriction. Subject to the foregoing, this Contract will bind and inure to the benefit of the parties, their successors and permitted assigns.
- General. The failure of GoPro to enforce any right or provision of this Contract will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GoPro. Except as expressly set forth in this Contract, the exercise by either party of any of its remedies under this Contract will be without prejudice to its other remedies under this Contract or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Contract invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Contract will remain in full force and effect. To access the Terms of Service for Your territory please change the country setting on the Site by clicking the country link in the top right corner of the pages. If specific terms are not available, We will default to this English version.
- Notices & Contacting GoPro. Any notices or other communications permitted or required hereunder, including those regarding modifications to this Contract, will be in writing and given by GoPro (i) via email (in each case to the address that You provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If You have any questions about this Contract, please contact GoPro Support through gopro.com/support.
You can also contact GoPro at:
3000 Clearview Way
San Mateo, CA 94402
- Insurance. This Agreement is not a contract of insurance.
GoPro Care Service Contract
||Claim Service Fee
Terms & Conditions
These contract terms and conditions (the "Contract") govern the Program, so You should keep this Contract for future reference. If this Contract is purchased via telephone, internet or by other electronic means, this Contract is deemed to have been purchased in the state identified in the shipping address at the time you purchase the Contract ("Original Shipping Address").
PLEASE READ THIS CONTRACT CAREFULLY AND COMPLETELY, AS IT AFFECTS YOUR RIGHTS. THIS CONTRACT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES, IN MOST STATES, THE RESOLUTION OF ANY DISPUTES WITH US BY ARBITRATION RATHER THAN BY COURTS; PLEASE SEE THE PARAGRAPH ENTITLED "ARBITRATION AGREEMENT" BELOW. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU; PLEASE SEE THE PARAGRAPH ENTITLED "LIMITATION OF LIABILITY" BELOW.
Agreement. You agree to all the provisions of this Contract when You purchase coverage under the Program. If You provide Us Your e-mail address, We may, at Our discretion, deliver to you via electronic means any notice provided for in this Contract. Your participation in the Program is optional and You may cancel the Program at any time; for more information, please refer to the section entitled "Cancellation" below.
- "Activation" or "Activated" means the registration of Your Covered Equipment with Us using the activation code we send you following your purchase of a Contract. To complete Activation, You must provide certain information that We request from you, such as the serial number of the Covered Equipment and information from your Receipt. Once Activation is complete, Your Covered Equipment will be covered under the Program beginning on the Effective Date.
- "Covered Equipment" means the Eligible Equipment which is registered with us upon Activation of the Contract, as designated on Page 1 of this Contract.
- "Eligible Equipment" means only new GoPro®-manufactured equipment (including mounts and accessories) that is purchased within sixty (60) days of Contract purchase and is on the list of devices eligible for coverage under this Contract at the time of Contract purchase.
- "Manufacturing Defect" means a manufacturing defect in the Covered Equipment that is covered by the GoPro® warranty. For more information on the GoPro® warranty, please visit www.gopro.com.
- "Accidental Damage from Handling" means an operational, mechanical, or structural failure that is the result of an unexpected and unintentional external event (e.g., drops and liquid contact) that arises from Your normal daily usage of the Covered Equipment as intended for such Covered Equipment.
- "Replacement Equipment" means the equipment which We provide to You in the event of a covered Manufacturing Defect or Accidental Damage from Handling of the Covered Equipment which:
- Is of like kind and quality to the Covered Equipment;
- Is either new or refurbished, and may contain original or non-original parts; and
- May be a different model or color than the Covered Equipment.
- "User Replaceable Components" means certain components of the Covered Equipment that can be replaced by You without returning the Covered Equipment to Us. User Replaceable Components are considered Covered Equipment.
- "Effective Date" is the date of purchase of the Covered Equipment as identified on Your Receipt.
- The "Program" means the services that We provide to You as described in this Contract.
- "Receipt" means your receipt for the transaction in which you purchased the Covered Equipment which identifies, at a minimum, the date of purchase and the type of Covered Equipment.
- "We", "Us", and "Our" means GoPro Care, Inc. for Contracts with an Original Shipping Address in all states except Florida, Oklahoma, or Washington. For Contracts with an Original Shipping Address in Oklahoma or Washington, "We", "Us", and "Our" means GoPro Care Services, Inc. You can write to Us at 3000 Clearview Way, San Mateo, California, 94402, or call Us at (650) 332-7600, or toll free at (888) 600-4659.
- "You" and "Your" means the person who purchased this Contract, or any subsequent owner of the Covered Equipment to whom this Contract is properly transferred pursuant to this Contract.
- What is Covered? If a Manufacturing Defect or Accidental Damage from Handling of the Covered Equipment occurs during the Contract Period, We will replace it with Replacement Equipment. If the failure is caused by Accidental Damage from Handling, a Claim Service Fee as set forth on page 1 will be assessed upon replacement of the Covered Equipment. Once shipped, the Replacement Equipment immediately becomes the Covered Equipment for the remainder of the Contract Period.
Additionally, the Program includes GoPro Care Premium Support. GoPro Care Premium Support may include, but is not limited to, priority handling of calls and claims, extended service call hours, and advice on the operating the Covered Equipment. You will only have access to GoPro Care Premium Support during the Contract Period. GoPro Care Premium Support services provided are subject to change.
- Contract Period. Your coverage begins on the Effective Date and continues for the period you choose at registration or otherwise or until terminated by You or by Us. We may elect not to renew the Program upon thirty (30) days written notice to You.
- Charges. You agree to pay the applicable Fees for this Contract as set forth in Your Receipt and as shown to you on our Website or other communication during sign-up or when modifying your subscription term. In addition, applicable non-return charges, non-covered claim charges, or shipping/restocking charges, if any, may be charged to You, or, at Our discretion, collected from You prior to providing Replacement Equipment. If We do not receive full payment on the due date, a late payment fee of 1.5% per month or the highest amount allowed by law, whichever is less, may be charged.
- Accidental Damage From Handling - Specific Provisions
- Claim Service Fee. In the event that We replace the Covered Equipment due to Accidental Damage from Handling, you will be charged a non-refundable claim service fee for the product this Contract was purchased to cover as detailed at the top of this Attachment A ("Claim Service Fee").
- Limits. A maximum of two (2) replacements of Covered Equipment due to Accidental Damage from Handling will be allowed during the Contract Period. This limitation on maximum replacements applies only to Accidental Damage Handling and will not affect Your coverage under this Contract for Manufacturing Defects or Your ability to obtain GoPro Care Premium Support for the remaining Contract Period.
- What is not Covered?
- The Program does not cover:
- Incidental or consequential damages;
- Issues covered under the GoPro® manufacturer's warranty while such warranty is in effect;
- Loss, theft, abuse, misuse, improper installation, or customer negligence;
- Normal wear and tear;
- Cosmetic damage to the Covered Equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Equipment;
- Damage resulting from use with batteries, power cables, or other battery charging/recharging accessories or devices not manufactured by GoPro®; and
- Damage caused by the use of the Covered Equipment when using any other third-party accessory.
- Further, Covered Equipment does not include and the Program does not cover:
- A product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability;
- Contraband or property in the course of illegal transportation or trade;
- Property in transit to You;
- Consumable items, such as batteries (one standard battery will be provided with Replacement Equipment on claims approved for replacement of the Covered Equipment if the battery has also experienced a Manufacturing Defect or Accidental Damage from Handling);
- Battery chargers (one standard wall charger will be provided with Replacement Equipment on claims approved for replacement of the Covered Equipment if the charger has also experienced a Manufacturing Defect or Accidental Damage from Handling); or
- Any third-party accessories not manufactured by GoPro® including but not limited to mounts, memory cards or other external storage devices, color face plates, personalized data, or customized software.
- To Obtain Service. In the event of a Manufacturing Defect or Accidental Damage from Handling of Covered Equipment, please contact Our Customer Support at (650) 332-7600 or toll free at (888) 600-4659, or visit www.gopro.com/support for assistance. You must file a claim within thirty (30) days of the occurrence of the Manufacturing Defect or Accidental Damage from Handling. Once Your claim is approved, We will provide the Replacement Equipment by mail (shipping times vary by location) and you must return the damaged Covered Equipment as described below.
- Advanced Replacement Service. Advanced Replacement Service allows You to be shipped, at Our discretion, Replacement Equipment prior to Your return of the Covered Equipment. You may be required to submit a credit card pre-authorization charge prior to receiving any Replacement Equipment. Within fifteen (15) days of receipt of the Replacement Equipment, you must return the Covered Equipment to Us at Our expense in the return mailer We provide. If we do not receive the Covered Equipment within thirty (30) days of Your receipt of the Replacement Equipment, You will be responsible for paying the full retail price of the Replacement Equipment and a shipping and restocking fee, which may be charged to your credit card.
- Charge for Non-Covered Claims. If We ship You Replacement Equipment under the Advanced Replacement Service, We will notify You within thirty (30) days of Your return of the Covered Equipment if We determine that the returned Covered Equipment did not suffer a Manufacturing Defect or Accidental Damage from Handling. In such an event, You will not be required to return the Replacement Equipment We provided to You, nor will We return Your original Covered Equipment. However, in such an event we may charge you (i) the full retail price of the model of Replacement Equipment We and (ii) a shipping and restocking fee. If you submit a claim for a Manufacturing Defect and we determine that Accidental Damage from Handling actually occurred, we will charge you a Claim Service Fee and we may charge a shipping and restocking fee.
Please contact Us at (650) 332-7600, or toll free at (888) 600-4659, or visit our website at www.gopro.com/support for the applicable shipping and restocking fee.
- User Replaceable Components. If the Covered Equipment experiences a Manufacturing Defect or Accidental Damage from Handling, We may, in our sole discretion, send You User Replaceable Components that You can use to repair or replace the Covered Equipment. In such an event, You may, at our sole discretion, be required to return any Covered Equipment that are the subject of your claim.
- Cancellation. If you purchased this Contract from Us, this Contract may be cancelled by You or by Us for any reason at any time. You may cancel this Contract by selecting the cancel Subscription option within Your account settings, linked here, by contacting Us in writing at 3000 Clearview Way, San Mateo, California, 94402, or by calling Us at (650) 332-7600, or toll free at (888) 600-4659. If You cancel this Contract within thirty (30) days from Your receipt of this Contract (the First 30 days), You will then receive a refund or credit for the full Contract price paid unless You had a covered claim during the First 30 days. In the event You had a covered claim during the First 30 days, Your refund will be the greater of the full Contract price paid less the cost of any covered claim or 100% of the pro-rata unearned portion of the Contract price paid, if any, based upon elapsed time. Your refund will be 100% of the pro-rata unearned portion of the Contract price paid, if any, based upon elapsed time if:
(a) You cancel after the First 30 days; or
(b) We cancel this Contract.
For residents of Alabama, Arkansas, California, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, Puerto Rico, South Carolina, Texas, Washington, Wisconsin and Wyoming, any refund owed and not paid or credited within thirty (30) days of cancellation shall include a 10% penalty per month. If You fail to make any monthly payment for this Contract or any charge provided for in this Contract, coverage will cease on the date the payment was due. In the event We cancel this Contract, We shall provide You with a written notice at least thirty (30) days prior to the Effective Date of cancellation, which notice shall state the Effective Date and reason for cancellation. If you purchased the Contract through an AppStore, You must manage your Subscription, cancel the Contract, and, if applicable, seek a refund through the AppStore directly. Cancellations and refunds shall be subject to the AppStore terms and conditions, except as set forth herein. If the AppStore does not provide a refund to which you are entitled, contact GoPro Customer Support right away and We will process Your refund in accordance with applicable law. Your refund eligibility will begin when You contact GoPro Customer Support at gopro.com/help. You may be required to provide documentation to assist GoPro in calculating any refund to which you are entitled which may include, but is not limited to, evidence that you cancelled your Subscription via the AppStore, evidence about payments made to or received from the AppStore or other related information. You are required to cooperate with these requests in order to be eligible to receive a refund from GoPro.
- Transfer. This Contract may be transferred to any subsequent owner of the Covered Equipment during the Contract Period. To transfer this Contract, You must notify Us of the transfer and provide all information that we reasonably request from you to effectuate the transfer. Transfer of this Contract will result in the immediate termination of the GoPro Plus Subscription Plan.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE PROGRAM. THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR OUR FAILURE TO PERFORM. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS CONTRACT PERIOD. WE DISCLAIM ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OR CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO OUR OBLIGATIONS UNDER THIS PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, OR ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PROGRAM ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Insurance. This Contract is not an insurance policy. Our obligations under this Contract are backed by Our full faith and credit, except as otherwise indicated in section 16., State Specific Provisions.
- Arbitration Agreement. Please read this Arbitration Agreement carefully, as it affects Your rights. Most of Your concerns about this Program can be addressed simply by contacting Us at (650) 332-7600 or toll free at (888) 600-4659. In the unlikely event We cannot resolve any disputes, including any claims under the Program, that You or We may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts.
For the purpose of this Arbitration Agreement, references to "We", "Us" and "Our" include GoPro Care, Inc. or GoPro Care Services, Inc. (as applicable) and their respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns. This Contract evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive the termination of this Contract.
This Arbitration Agreement is intended to be interpreted broadly, and it includes any dispute: (1) arising out of or relating in any way to this Program or to the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise; (2) that arose either before this Arbitration Agreement or Contract was entered into by You and Us or that arises after this Contract is terminated; and (3) that currently is the subject of a purported class action litigation in which You are not a member of a certified class. Notwithstanding the foregoing, this Arbitration Agreement does not preclude You from bringing an individual action in small claims court or from informing any federal, state or local agencies or entities of Your dispute. Such agencies or entities may be able to seek relief on Your behalf.
If You or We intend to seek arbitration, You and We must first send to the other a written notice of claim ("Notice") by certified mail. Your Notice to Us should be addressed to GoPro Care, Inc., 3000 Clearview Way, San Mateo, California, 94402. The Notice must describe the dispute and state the specific relief sought. If You and We do not resolve the dispute within thirty (30) days of receipt of the Notice, You or We may initiate an arbitration proceeding with the American Arbitration Association ("AAA"). You can obtain the forms necessary to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-800-778-7879. After We receive notice that You have commenced arbitration, We will reimburse You for payment of any filing fee to the AAA. If You are unable to pay a required filing fee, We will pay it if You send a written request by certified mail to: 3000 Clearview Way, San Mateo, California, 94402. The arbitration shall be administered by the AAA in accordance with the AAA Consumer Arbitration Rules (the "Arbitration Rules") in effect at the time the arbitration is initiated and as modified by this Arbitration Agreement. You can obtain a copy of the Arbitration Rules by visiting www.adr.org or by calling 1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including the scope of this Arbitration Agreement, with the exception that issues relating to the enforceability of this Arbitration Agreement may be decided by a court. Unless You and We agree otherwise, any arbitration hearings will take place in the county or parish of Your billing address. If Your dispute is for $10,000 or less, You may choose to conduct the arbitration hearings either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If Your dispute is for more than $10,000, the right to arbitration hearings will be determined by the Arbitration Rules. We will pay all filing, administration and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement, unless Your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case, the payment of such fees shall be governed by the Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the decision is based. You and We agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The arbitrator may resolve any disputes regarding attorney's fees and expenses either during the arbitration hearings or, upon request, within fourteen (14) days of the arbitrator's written decision. Neither You nor Your attorney may recover duplicate awards of attorney's fees and expenses. Although We may have the right under applicable law to recover attorney's fees and expenses from You if We prevail in the arbitration, We hereby waive the right to do so.
To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent necessary to provide the relief warranted by a party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate the dispute of another person with Your or Our dispute and may not preside over any form of a representative or class proceeding. If this paragraph of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. If any other paragraph of this Arbitration Agreement is found to be unenforceable, then the remainder of the Arbitration Agreement shall remain in effect.
- State specific provisions:
- In Arizona: Neither We, Our assignees, nor Our subcontractors will cancel or void coverage under this Contract before the expiration of the Contract Period due to Our failure to provide correct information or Our failure to perform the services provided in a timely, competent, and workmanlike manner. If this Contract is terminated before the expiration of the Contract Period, no deductions for claims paid will be made to Your refund.
- In California: This Contract does not cover preventive maintenance of any covered equipment. The section entitled “Cancellation” is amended as follows: This Contract may be cancelled by You for any reason at any time. You may cancel this Contract by contacting Us in writing at 3000 Clearview Way, San Mateo, California, 94402, or call Us at (650) 332-7600, or toll free at (888) 600-4659. If You cancel this contract within thirty (30) days from when You receive this Contract (the “First 30 Days”), You will receive a refund or credit for the full Contract purchase price unless You had a covered claim during the First 30 Days. In the event You had a covered claim during the First 30 Days, or You Cancel this Contract after the First 30 Days, Your refund will be the greater of the full Contract purchase price paid less the cost of any covered claim or 100% of the pro-rata unearned portion of the Contract purchase price paid, if any, based upon elapsed time. If this Contract is cancelled, any refund owed and not paid or credited within thirty (30) days of cancellation shall include a 10% penalty for each 30-day period or fraction thereof that the refund remains unpaid. The section entitled “Arbitration Agreement” is amended as follows: (1) Pursuant to California Civil Code sections 51.7 and 52.1, the option to enter into arbitration is solely at the discretion of the contract holder; (2) If arbitration is elected, this does not waive the right of California consumers to file and pursue civil action or complaint; (3) If any statement found within this contract contradicts this section, this section shall take precedence.
- In Connecticut: The term of this Contract will be automatically extended for the period during which the Covered Equipment is in the custody of a service center for repair. Contact Us at (650) 332-7600 or toll-free at (888) 600-4659 with questions, concerns, or complaints about the Program. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs.
- In Florida: The rate charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation. Section 1. Definitions, Item k. is deleted and replaced with the following: "We", "Us", and "Our" means Technology Insurance Company, Inc. (License No. 03605) 59 Maiden Lane, 43rd Floor, New York, NY 10038, 866-327-5818. Section 11. Cancellation is deleted and replaced with the following: You may cancel Your Contract by informing the selling dealer or Us of Your cancellation request. In the event the Contract is canceled by You, return of the Contract purchase price shall be based upon ninety percent (90%) of the unearned pro-rata Contract purchase price less any claims that have been paid or less the cost of repairs made on Your behalf. In the event the Service Contract is canceled by the Us, return of the Contract purchase price shall be based upon one hundred percent (100%) of the unearned pro-rata Contract purchase price less any Claims that have been paid or less the cost of repairs made on Your behalf. Section 14. Insurance is deleted in its entirety. Section 15. Arbitration Agreement is amended to include the following: Arbitration is non-binding in the State of Florida. Arbitration proceedings shall be conducted in the county in which the consumer resides.
- In Georgia: In the event We cancel this Contract, We shall provide You with a written notice at least thirty (30) days prior to the effective date of cancellation, which notice shall state the effective date of cancellation, reason for cancellation, and shall conform to the requirements of Georgia Code § 33-24-44.
- In Nevada: If this Contract has been in force for a period of seventy (70) days, We may not cancel this Contract unless: (1) You fail to pay any amount due; (2) You are convicted of a crime which results in an increase in the service required under the Contract; (3) You engage in fraud or material misrepresentation in obtaining this Contract; (4) You commit any act, omission, or violation of any terms of this Contract after the Effective Date which substantially and materially increases the service required under this Contract; or (5) any material change in the nature or extent of the required service or repair occurs after the Effective Date and causes the required service or repair to be substantially and materially increased beyond that contemplated as of the Effective Date; (6) This Contract does not apply to a Manufacturing Defect or Accidental Damage Handling that took place prior to the Effective Date of the Contract. No claims paid shall be deducted from any refund owed under this Contract.
- In New Hampshire: In the event You do not receive satisfaction under this Contract, You may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, New Hampshire 03301, telephone number, 800.852.3416.
- In New Mexico: If this Contract is cancelled, any refund owed and not paid or credited within sixty (60) days of cancellation shall include a 10% penalty for each thirty (30) day period or portion thereof that the refund remains unpaid. If this Contract has been in force for a period of seventy (70) days, We may not cancel this Contract unless: (1) You fail to pay any amount due; (2) You are convicted of a crime which results in an increase in the service required under the Contract; (3) You engage in fraud or material misrepresentation in obtaining this Contract; (4) You commit any act, omission, or violation of any terms of this Contract after the Effective Date of this Contract which substantially and materially increases the service required under this Contract; or (5) any material change in the nature or extent of the required service or repair occurs after the Effective Date of this Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated as of the Effective Date. If this Contract is terminated prior to its expiration, no deductions for the cost of any covered claims paid will be made to Your refund.
- In Ohio: Section 14. Insurance is amended to include the following: Our obligations hereunder are guaranteed under a reimbursement insurance policy issued by Wesco Insurance Company, 59 Maiden Lane, 43rd Floor, New York, NY 10038, 1-866-505-4048. If We fail to perform or make payment due under the terms of the contract within sixty days after You request performance or payment pursuant to the terms of the contract, You may request performance or payment directly from Our reimbursement insurance policy insurer, including, but not limited to, any obligation in the contract by which We must refund any amounts paid by You upon cancellation of a contract.
- In Oklahoma: This is not an insurance contract. Coverage provided under this Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. This Contract is issued in Oklahoma under Oklahoma Service Warranty Association license number 44201607.
- In Oregon: Any refund owed to you will be paid by Us. Section 15 “Arbitration Agreement” is amended to include: Both parties may agree to resolve disputes under this Agreement through arbitration at the time of such dispute. We and You must both agree for arbitration to be implemented. We and You agree that any arbitration will take place on an individual basis only. Such arbitration will be governed by the Federal Arbitration Act to the extent it does not conflict with Oregon law. In the event of a conflict of laws, Oregon Uniform Arbitration Act, ORS 36.600 through 36.740, will govern over this arbitration. This agreement to implement arbitration does not waive Your right to a jury trial. If any provision of Section 15 conflicts with the requirements of Section 16, Section 16 governs.
- In South Carolina: In the event You do not receive satisfaction under this Contract, complaints or questions about this Program may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number, 803-737-6160.
- In Texas: If You purchased this Contract in Texas, unresolved complaints concerning Us or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711.
- In Virginia: If any promise made in this Contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and regulatory programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
- In Washington: Any arbitration proceedings held pursuant to this Contract will be held at a location in closest proximity to Your permanent residence.
- In Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Section 1. Definitions., Item k. is deleted and replaced with the following: “We”, “Us”, and “Our” means Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114. Section 2, What is Covered? is amended to add the following: It is the responsibility of You to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product. Section 11, Cancellation is deleted and replaced with the following: You may cancel this Service Contract at any time by informing Us. If this Service Contract is canceled within thirty (30) days of the date of purchase and no Claims have been paid, We shall return one hundred percent (100%) of the Contract purchase price paid and the Contract shall be void. The right to void the Contract applies only to the original purchaser of the Contract. If Your refund is not paid or credited within thirty (30) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us. For Service Contracts canceled subsequent to the period stated above or if a claim has been made under this Service Contract within such period, We shall refund one hundred percent (100%) of the unearned pro rata Contract purchase price, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Contract purchase price paid. If You request cancellation due to a total loss of Your Product which is not covered by a replacement under the terms of Your Service Contract, We shall return one hundred percent (100%) of the unearned pro-rata Contract purchase price paid, less claims paid. We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata Contract purchase price, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Contract purchase price paid. If We cancel this Contract, We shall provide written notice to You at Your last known address at least thirty (30) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Section 14, Insurance is amended to include the following: Our obligations under this Contract are insured under a Service Contract reimbursement insurance policy. Should We fail to pay any Claim or fail to replace the Product covered under this Contract within sixty (60) days after You provide proof of loss or, in the event You cancel this Service Contract and We fail to refund the unearned portion of the Contract purchase price, or if We become insolvent or otherwise financially impaired, You are entitled to make a direct Claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038 for reimbursement, payment or provision of this Service Contract. Section 15. Arbitration Agreement is amended to include the following: If a settlement for a claim dispute cannot be reached, the parties may elect arbitration by mutual agreement at the time of the dispute after the claimant has exhausted all internal appeals and can be binding by consent of the Contract Holder. Arbitration will take place under the laws of the State of Wisconsin and will be held in Your county of residence or any other county in this state agreed to by both parties.
- In Wyoming: This Contract shall be governed by the laws of the State of Wyoming. The section entitled “Arbitration Agreement” is amended as follows: Arbitration shall only be required upon mutual agreement by Us and You to submit any controversy or claim arising out of or relating to this Contract, or a breach hereof, to non-binding arbitration and shall take place in Your county of residence or other mutually agreed upon location in Wyoming. The section entitled “Cancellation” is amended as follows: If You cancel this Contract within thirty (30) days from the date this Contract was delivered to You (the “First 30 Days”), You will receive a refund or credit for the full Contract purchase price unless You had a covered claim during the First 30 days. In the event You had a covered claim during the First 30 days, Your refund will be the greater of the full Contract purchase price paid less the cost of any covered claim or 100% of the pro-rata unearned portion of the Contract purchase price paid, if any, based upon elapsed time. We may only cancel this Contract on the basis of nonpayment, fraud, misrepresentation, or substantial breach of duties by You. In the event We cancel this Contract, We will provide You with a written notice at least thirty (30) days prior to the effective date of cancellation, which notice will state the effective date of cancellation and reason for cancellation. Your refund will be 100% of the pro-rata unearned portion of the Contract purchase price paid based upon elapsed time.