GoPro Subscription Terms and Conditions

Effective Date: September 16, 2020

Your GoPro Subscription (the "Subscription") is governed by these GoPro Subscription Terms and Conditions ("Subscription Terms"). The following points are particularly important:

• Your Subscription automatically renews and you will be charged a Fee until cancelled by you or Us. The Fee is disclosed prior to purchase and confirmed via email following purchase.
• Your Subscription may include a Free Introductory Trial as described in Section 3.
• You may cancel Your Subscription at any time as described in Section 6, effective at the end of the billing period. You can access all the Subscription benefits until your cancellation is effective and no refund will be issued.
• 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.
• Offers may be subject to additional limitations, which will be presented to You at the time of offer.

These Subscription Terms (which include the other documents referenced below) constitute a legal agreement between You and GoPro Inc., which you agree to when you sign up for the Subscription. The GoPro Terms of Use (which contain liability limitations, arbitration agreement and class action waiver) and the GoPro Privacy Policy, which You agreed to when You registered Your Account, also apply to Your Subscription and are incorporated by reference as part of these Subscription Terms.

If You are not willing to be bound by these Subscription Terms, You should not sign up for the Subscription. If You provide Us Your e-mail address, We may deliver to You via electronic means any notice provided for in these Subscription Terms and Conditions subject to Section 7.

1. Definitions.
   1. “Effective Date” is the date you sign up for the Subscription as identified on Your Receipt.  
   2. “Receipt” means the order confirmation you receive when you complete registration for Your Subscription which identifies, at a minimum, the Effective Date and Fees.
   3. “We”, “Us”, “Our”, and “GoPro” means GoPro Inc.
   4. “You” and “Your” means the person who purchased this Subscription.
2. Subscription Benefits. Unless otherwise specified in the description of your Subscription plan during purchase, Your Subscription entitles you to these benefits: 
   1. Cloud storage. You receive unlimited cloud storage for your content captured with a GoPro device (excluding Fusion) or any GoPro application and other content-related benefits. For more information on this benefit visit Us at  https://gopro.com/shop/subscription/gopro-plus-monthly-subscription/GoProPlusMonthly.html.
   2. Trade In: Up to 2 times per year of the Subscription, you may trade-in your GoPro equipment for any or no reason for a replacement product of the same or comparable make and model (subject to availability) provided that (a) your equipment is listed in the table as “Eligible Equipment” and (b) you pay the applicable “Trade-In Fee.” We must receive Your GoPro before we ship you a replacement.

      Eligible Equipment	Claim Service Fee
      HERO9 Black	$99.00
      MAX	$99.00
      HERO8 Black	$79.00
      HERO7 Black	$79.00
      HERO7 Silver	$69.00
      HERO7 White	$69.00
      HERO (2018)	$69.00
      GoPro Fusion	$69.00
      HERO6 Black	$69.00
      HERO5 Black	$69.00
      HERO5 Session	$69.00
      Karma Grip	$69.00
      Karma	$129.00

      1. To make a trade-in (“Trade-In Request”), go to Support and follow the instructions provided. Delete all content before sending us your camera.
      2. We may refuse to process your Trade-In Request if you fail to comply with the instructions from Customer Support (including, without limitation, by refusing to return your camera to us or pay the Trade-In Fee) or don’t accurately describe the make/model of your camera.
      3. Any Trade In request covered by the GoPro Warranty will be treated as such and You will not be charged a Trade-In Fee. For more information on the GoPro Warranty please see https://gopro.com/help/articles/Block/Warranty-Information.
   3. GoPro Premium Support. GoPro Premium Support may include, but is not limited to, priority handling of contacts, and extended support hours.
   4. Discounts. Discounts on up to 10 eligible mounts, accessories and other items per anniversary year as described at Accessory Discount. Discounts are subject to change without prior notice and subject to availability. Applicable discounts and prices for mounts and accessories will be disclosed prior to purchase.
   5. Other benefits or promotions: In our sole and absolute discretion, we may include additional benefits, exclusive offer or promotions for our subscribers, subject to any additional terms and conditions described in such offer. 
   6. Changes to Subscription Benefits: We reserve the right to change these benefits or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Subscription Terms, any changes will take effect following notice to you.
3. Free Introductory Trial. Your Subscription may begin with a free trial (the “Free Introductory Trial”) for new subscribers for a period of time specified when you register. You must provide a credit card or other payment method at sign-up to ensure uninterrupted access to the Subscription at the end of the Free Introductory Trial when your subscription automatically converts to a paid Subscription. We will charge your payment method the Fee at the end of the Free Introductory Trial and on a recurring basis until cancelled as described herein. 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. For combinations with other offers, restrictions may apply.
4. 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 to refuse to keep Accounts for, or provide services to, any individual, if GoPro has a valid reason thereto. GoPro reserves the right to suspend or terminate Your Account, after sufficient notice, 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. 
5. Automatic Renewal Terms. The subscription fee 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 Fees 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 cancelled in accordance with Section 6. 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 the Receipt to the email address You provide within a reasonable time. 
6. Cancellation and termination.
   1. If your Subscription begins with a Free Introductory Trial, you may cancel at any time before the end of the Free Introductory Trial without incurring any obligation to pay the Fee and You may continue to use the Subscription until the end of Your Free Introductory Trial. If you are an EU resident, you may exercise your right of withdrawal within 14 days of the Effective Date by contacting Support or cancelling as described below.
   2. After the Free Introductory Trial – or if there is no Free Introductory Trial -- Your Subscription will continue unless and until You cancel it or We terminate, cancel, suspend or disable it. You may cancel Your Subscription any time before Your renewal and avoid billing of the next period’s Fee to Your chosen payment method. Your cancellation will be effective as of the last day of the period for which you paid a Fee. You may continue to use the Subscription until your cancellation is effective and no refund will be issued unless required by applicable law.
   3. To cancel, select the cancel Subscription option within Your account settings, linked here. 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.
   4. GoPro may, in its sole discretion, terminate or suspend your account for failure to timely pay any Fees (upon reasonable notice to you) or to provide accurate information, any breach of these Subscription Terms (or any other terms incorporated herein) or any abusive or fraudulent conduct towards any GoPro employees and we will not issue any refund, credit or other consideration.
7. Agreement to Receive Electronic Communications. By ticking the respective checkbox when subscribing, You provide opt-in consent to receive marketing notifications from GoPro electronically to the email address You provide to Us. If You have consented to receiving marketing emails, You have the right to unsubscribe by clicking on the link provided in the footer of every marketing email sent by Us. We may send you functional emails containing information regarding Your Subscription. You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form.
8. Modification of Subscription and Terms. GoPro reserves the right to modify, terminate or impose additional terms and conditions to the Subscription and these Subscription Terms at any time by posting updated Subscription Terms. In addition, GoPro may modify the various Subscription Benefits available to subscribers from time to time by updating these Subscription Terms or subscription benefit descriptions on the website. GoPro will give you advance notice of any material changes to these Subscription Terms. Your continued use of the Subscription after we have posted the modification or, if applicable, receiving notice of the changes will constitute Your acceptance of the changes. We may also ask you to acknowledge your acceptance of the modified Subscription Terms. If you do not agree to any material changes, You may cancel Your Subscription as described above in the “Cancellation” section. GoPro reserves the right to discontinue or terminate the Subscription in its entirety upon reasonable notice and we may, in our sole discretion, provide you with a refund, credit or other consideration.
9. Credit Card Billing.  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 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 Your Subscription. 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 Subscription Terms 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.
10. Credits. At any time, and for any reason, We may provide a discount, 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.
11. Exceptions to the Trade-In benefit:
    1. We do not offer Trade-Ins due to loss or theft of Eligible Equipment nor provide any maintenance or repair of Eligible Equipment;
    2. Trade-Ins will be refused for any Eligible Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability; and
    3. Trade-Ins will be refused for any stolen property or property in the course of illegal transportation or trade. By initiating a Trade-In, you represent that you own your camera.
12. Entire Agreement. The Subscription Terms constitutes the entire agreement between GoPro and You regarding the Subscription, superseding any prior agreements between GoPro and You regarding the Subscription.
13. Assignment. You may not assign or transfer the Subscription Terms without GoPro’s prior written consent. We may assign this Subscription Terms, in our sole discretion, without restriction. Subject to the foregoing, the Subscription Terms will bind and inure to the benefit of the parties, their successors and assigns.
14. General. The failure of GoPro to enforce any right or provision herein 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 the Subscription Terms, the exercise by either party of any of its remedies under the Subscription Terms will be without prejudice to its other remedies hereunder or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Subscription Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Subscription Terms will remain in full force and effect.
15. Notices & Contacting GoPro. We will provide any notices relating to the Subscription Terms (i) by email to your email address provided or (ii) by posting to the Service. You may contact GoPro through https://community.gopro.com/ or by mail at 3025 Clearview Way San Mateo, CA 94402.
16. Insurance. This is not a contract of insurance, an extended warranty or service contract.