Terms of service

FlightScope Sales Terms and Conditions

Last updated: July 14, 2026

Applicability
1. These Terms and Conditions of Sale (Terms) apply to the sale of all Products (as defined hereafter) of FlightScope Golf LLC (FlightScope) to any customer (the Customer, or You), either individually or as a group; referred to as Parties or Party on the flightscope.com Website (the Site).
2. In the event of any inconsistency, the following order of precedence applies:
  1. Terms and Conditions of Sale
  2. Product-specific or Service-specific Terms (including SHIELD, Subscriptions, Repairs)
  3. Policies (Returns, Shipping, Privacy, Cookies)
  4. Website Terms of Use
3. Products purchased from other authorized distributors and resellers and not from the Site or directly from FlightScope may have different terms and conditions of sale. FlightScope shall not be bound by terms and conditions of sale of distributors or resellers. In case of doubt of conflict, these FlightScope Terms and Conditions of Sale shall take precedence.
4. All Your orders imply unconditional acceptance of these Terms and Conditions of Sale and express renunciation of Your own terms and conditions of purchase. FlightScope offers this Site, including all information, tools and services available from the Site to the You conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. By visiting the Site and/ or purchasing something from FlightScope, you agree to be bound by these terms and conditions (Terms), including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink.
5. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to and accept all the terms and conditions of this agreement, then you may not access, use any services, or purchase anything from the Site.
6. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
7. By agreeing to the Terms, you represent that you are at least the legal age in your state or territory of residence to do so.
8. Changes to Policies and Terms: We may update, amend, or replace Policies and Terms published on this Site from time to time to reflect changes in our business practices, legal or regulatory requirements, or operational needs.
  
  The Last updated date at the top or bottom of the applicable document indicates when changes were most recently made. Unless otherwise required by applicable law, changes take effect when published on this Website.
  
  Continued use of the Website, products, or services after changes are published constitutes acceptance of the updated Terms and Policies. Where mandatory consumer or privacy laws require advance notice, consent, or additional rights, those requirements will apply.
9. If FlightScope does not exercise its rights at a given time, in relation to one of the clauses within the Terms, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.
10. The Products, prices, selections as well as the terms and conditions presented on the Site may vary for different countries and regions for legal and practical reasons.
11. FlightScope reserves the right to refuse service on the Site to anyone for any reason at any time.
Definitions

For the purposes of these Terms and all related policies and documents, the following definitions apply:
- Account: A unique account created for You to access the Site, Services, or parts thereof.
- Affiliate: An entity that directly or indirectly controls, is controlled by, or is under common control with a party, where control means ownership of fifty percent (50%) or more of the voting securities or other ownership interests.
- Company: FlightScope Golf LLC, a Florida limited liability company, with its principal place of business at 8600 Commodity Drive, Suite 107, Orlando, Florida, United States, also referred to as FlightScope, we, us, or our.
- Content: Any text, images, data, software, or other information that may be posted, uploaded, transmitted, linked to, or otherwise made available through the Site or Services by You or other users.
- Country: The country from which You access the Site or Services.
- Customer: A person or legal entity that has purchased a Product or Subscription from FlightScope.
- Device: Any device capable of accessing the Site or Services, including but not limited to a computer, mobile phone, or tablet.
- Free Trial: A limited period during which access to certain Services or Subscriptions may be provided at no charge, where expressly offered.
- License means a limited, non-exclusive right granted by FlightScope to access and use Software or Services in accordance with the applicable Terms and for the permitted purpose, duration, and scope specified at the time of grant. A License does not transfer ownership or any intellectual property rights, and all rights not expressly granted are reserved.
- Perpetual License is a License granted for an indefinite duration, subject to termination in accordance with the applicable Terms.
- Subscription License is a License granted for a fixed term, which expires at the end of the subscription period unless renewed.
- Embedded Software License is a License to use software embedded in a Product solely as integrated with that Product and only for its intended operation.
- Product: Any product offered by FlightScope for sale, as defined in Section 2.1 of the Terms and Conditions of Sale, including hardware, accessories, software, subscriptions, feature activations, and third-party software offerings, unless otherwise stated.
- Service / Services: Website or Software-based features, functions, and digital solutions provided by FlightScope, typically on a subscription basis, which may include:
  - Online tools, applications, or features
  - Data processing, storage, or cloud-based functionality
  - Subscription-based software features subject to tiered access
  - Related updates, maintenance, or support
  For the avoidance of doubt, the Site or Website itself is not a Service, except to the extent it is used to access subscription-based Services.
- Service Contract: Refers to an agreement under which we provide maintenance, repair, or support services for a Product for a fixed period, such as an extended warranty or service plan.
- Site / Website: The FlightScope-operated websites and online stores through which Products are marketed, sold, or Services are provided, including any successor or replacement sites, such as:
  - flightscope.com
  - myflightscope.com
  - baseball.flightscope.cloud
  - softball.flightscope.cloud
- Subscription: means a time-limited, renewable right of access to software or services provided for a defined term (such as monthly or annually), and does not include perpetual licenses, one-time feature activations, or service plans unless expressly stated.
- Terms: Collectively, these Terms and Conditions and all related policies, guidelines, and documents published on the Site, which together form the entire agreement between You and FlightScope regarding the use of the Site, Products, and Services.
- Third-Party Social Media Service: Any services, content, platforms, or functionality (including data, information, products, or services) provided by a third party that may be displayed, linked, or made available through the Site or Services.
- You / Your: The individual accessing or using the Site or Services, or, where such access or use is on behalf of a company or other legal entity, that company or legal entity.
Products
1. Under the terms and conditions that apply when placing the order, FlightScope offers You (its Customers):
  1. An assortment of Golf Tracking Devices/Launch Monitors with embedded software (the Equipment);
  2. FlightScope branded software applications for mobile devices (Apps) for use in association with the Equipment;
  3. Accessories for use with the Equipment;
  4. Perpetual FlightScope brand end-user software licences;
  5. Perpetual third-party end-user software licences bundled with other FlightScope Products;
  6. First tier access to the myFlightScope.com FlightScope Cloud Websites;
  7. Feature Activations for FlightScope software/firmware add-ons;
  8. Subscriptions for third-party software applications for use with the Equipment;
  9. Subscriptions for higher tier access to the myFlightScope.com FlightScope Cloud Websites.
  All of the above a. to i. individually and collectively known as the Product or Products.
2. FlightScope will apply best efforts to ensure that the correct Product information is provided before You place an order. FlightScope shall not be responsible if information made available on the Site is not accurate, complete or current.
Personal Information
1. Before placing an order for a Product on the Site, You must provide certain personal information including first and last name, email address, phone number, and billing and shipping addresses. This information is collected to process your order and to provide related sales and technical support to you.
2. FlightScope treats personal data in accordance with the applicable personal data protection laws. FlightScope’s Privacy Policy can be found at this link https://flightscope.com/policies/privacy-policy. This policy defines what data is collected, how and why it is collected, how it is safeguarded, and how You can interact with FlightScope in relation to his personal data.
Ordering
1. By placing an order, You agree to and are bound by these current Terms.
2. Eligibility to purchase Products is subject to the age requirements set out in the Website Terms of Use.
3. To place an order on the Site, You must select the desired Product(s) and click Add to Cart. You can make changes and add accessories (or add-ons) to the items in the virtual shopping cart.
4. When You are satisfied with the selection in the cart, You can click Start Checkout and follow the order procedure by providing the required information for processing and delivering the order and selecting the desired shipping option.
5. You will receive an order summary at the end of the procedure, and must accept the present Terms that apply to the order.
6. You must confirm the order by accepting the Terms and clicking on the Confirm Order button. This confirmation constitutes a signature and express agreement of both the order and these current Terms and Conditions of Sale.
7. We reserve the right to refuse any order you place with us.
8. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
Proof of Order and Order Tracking
1. Electronic records stored in FlightScope’s computer systems will be considered as evidence of communications with and orders from You. It is expressly agreed that the data stored in FlightScope’s computer systems has probative value with regards to Your orders.
2. A copy of the records of communications and orders in FlightScope’s computer systems will be retained on reliable and durable back-up storage.
3. Once an order has been confirmed, FlightScope sends You confirmation by email to the email address provided by You.
4. When an order is shipped, an email notice including a shipment tracking number will be sent to the email address provided by You. You can track the shipment via the tracking number.
Prices and Payment
1. Product prices (Prices) as stated in the Product descriptions are indicated in the currency most appropriate to Your country or region. Prices include credit card transaction fees. In some states and countries, taxes (such as state tax or value added tax) may apply and are excluded from the price but added separately in the shopping cart.
2. Additional shipping charges may apply
  1. depending on Your shipping address, or
  2. for orders of Simulator hardware. Shipping charges are calculated and added separately in the shopping cart.
3. Payments are made and accepted in accordance with these Terms. Payment must be made in full before FlightScope will ship an order.
4. FlightScope accepts the following payment methods:
  1. Credit Card: Processed through a secure payment gateway.
  2. Wire Transfer/Electronic funds transfer.
  3. PayPal®
  4. Klarna: An online purchase financing service.
  Please note that check payments are not accepted.
5. You are responsible for sales tax and other costs associated with the order, unless a valid and correct tax exemption certificate is provided.
6. In the absence of payment confirmation, the order shall be deemed canceled, payment not taken, and Product not supplied.
7. The payment methods available do not give FlightScope access to Your bank or credit card details. All card and wire payments are handled by secure electronic payment institutions. Only payment success or failure is reported to FlightScope by these secure payment institutions.
Availability
1. Products are for sale as they appear on the Site. When available, You can select Add to Cart for instant fulfillment. During times of high demand or for other reasons beyond FlightScope’s control, some Products may not be available for immediate fulfillment. These may be ordered to be fulfilled at a later date, referred to as Backorders. Backorders are processed on a first-come-first-served basis when new stock is available.
2. If FlightScope discontinues a product after You have placed an order, FlightScope will notify You and will reimburse You for any payments made as soon as possible after the order has been placed.
3. FlightScope will not be responsible or liable for errors in descriptions, prices, specifications or other errors on the Site or in other information sent by FlightScope in connection with Products, and reserves the right to cancel any orders where such errors have a material effect.
Cancellation and Refunds
1. Cancellation Before Shipment
  
  Orders that have been paid for but not yet shipped may be cancelled in accordance with these Terms by contacting FlightScope Customer Care. Where a cancellation is accepted prior to shipment, FlightScope will refund the amount paid for the cancelled Product, subject to any applicable deductions expressly permitted under these Terms.
2. Returns After Delivery
  
  After delivery, Products may be eligible for return and refund only in accordance with these Terms and FlightScope’s Returns and Refund Policy, which sets out the applicable eligibility criteria, time limits, exclusions, and procedures.
3. Eligibility Governs; Policy Explains
  
  Eligibility for refunds is governed by these Terms. The Returns and Refund Policy does not create independent refund rights but describes how eligible returns and refunds are requested, assessed, and processed.
4. Exclusions
  
  Certain Products, including but not limited to software licenses, feature activations, subscriptions, and services, are non-refundable except where required by applicable law or expressly stated at the time of purchase.
  
  For refunds of third-party products such as simulator products a 3% credit card transaction fee will be withheld from the refunded amount.
5. Allowed refunds will be paid to the original purchaser using the original payment method.
6. Nothing in these Terms or any related policy limits or excludes any mandatory consumer rights that apply under applicable law.
Chargebacks and Payment Disputes
1. Contact First Requirement:
  
  If you have a concern or dispute regarding a charge, Product, or Service, you agree to contact FlightScope Customer Care at customercare@flightscope.com and provide us a reasonable opportunity to investigate and resolve the issue before initiating a chargeback or payment dispute with your card issuer or payment provider.
2. Improper Chargebacks:
  
  Initiating a chargeback or payment dispute without first following FlightScope’s applicable cancellation, return, refund, warranty, or dispute resolution procedures may be considered an improper or unjustified chargeback, except where prohibited by applicable law.
3. Chargeback Fees and Costs:
  
  To the extent permitted by applicable law, FlightScope reserves the right to recover any chargeback fees, administrative costs, or related losses incurred as a result of an improper or unjustified chargeback, including by deducting such amounts from any refund otherwise due to you.
4. Evidence and Dispute Cooperation:
  
  You acknowledge and agree that FlightScope may submit relevant information to payment processors, card networks, or financial institutions in connection with any chargeback or dispute, including but not limited to order records, shipping confirmations, delivery evidence, usage logs, activation records, communications history, and applicable policy documents.
5. Account Remedies:
  
  FlightScope reserves the right, in its reasonable discretion, to suspend or terminate accounts, refuse future orders, revoke access to Services or Subscriptions, or take other appropriate action in response to excessive, abusive, or fraudulent chargeback activity.
6. Initiating a chargeback does not waive the dispute resolution process of these Terms and Conditions of Sale.
7. No Waiver of Consumer Rights:
  
  Nothing in this section limits any mandatory consumer rights you may have under applicable law or your right to initiate a chargeback where required by law.
Delivery, Transfer of Ownership and Risk
1. Shipment to Your delivery address shall be Your expense following the shipping method specified at the time of placing the order. Risk is passed on to You when the product is transferred to the freight operator or courier service, as applicable.
2. Ownership of the Product(s) shall remain with FlightScope and shall not pass to You until full payment has been received by FlightScope.
3. It is expressly agreed by the Parties that Products are deemed as delivered (Delivery Date) as the case may be, when:
  1. The Products have been delivered to Your specified Delivery Address
  2. Software is digitally downloaded and activated by You, where applicable.
4. FlightScope will send a shipment notice to You by email.
5. Shipping and delivery dates provided on the Site are estimates. FlightScope shall not be held responsible for changes or delays in shipping and delivery dates.
6. To lodge a complaint regarding compliance of a delivered Product with the order, You must contact FlightScope by calling 407-412-9400 or send an email to customercare@flightscope.com within thirty (30) days after You have received the Product, clearly stating the order number as well as the Product serial number (if applicable). After this, You are deemed to have irrevocably and unconditionally accepted the delivery.
Right of Use
1. FlightScope holds all intellectual property rights for the following Products on sale: FlightScope X3, Mevo (all variants), Mevo+ (all variants), i4 Rangefinder, Mevo Golf App, FlightScope Golf App, Skills App, Pro Package, Face Impact Location, MultiCam, Planning Tool, BadgerAI, and all associated creative works. You will not acquire and may not infringe on any of these rights.
2. Product purchase does not constitute any transfer or restriction of FlightScope’s intellectual property rights and/or know-how, whether before or after an order is placed.
3. Trugolf® holds all intellectual property rights for the E6-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.
4. The Golf Club holds all intellectual property rights for the TGC-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.
5. Subject to agreement with these Terms and payment in full by the You, FlightScope grants You:
  1. a transferable, non-exclusive right of use for all FlightScope Software for which licenses were subscribed to in perpetuity. You accept this right of use.
  2. a transferable, non-exclusive standard warranty, whose start date and duration is determined by the original purchase terms and date.
  3. a transferable, non-exclusive right of use of the Trugolf E6 simulator software bundled with new X3, Mevo Gen2, and Mevo+ sales, subject to the applicable Trugolf licence terms and compliance with FlightScope’s licence transfer procedure.
  The Trugolf E6 software right is initially registered to the original Customer who purchased the Product.
  
  It may be transferred to a subsequent owner of the Product only if:
  1. ownership of the relevant Product is transferred to the subsequent owner;
  2. the original Customer and/or subsequent owner provides the information reasonably required by FlightScope to process the transfer;
  3. the original Customer ceases use of the Trugolf E6 software licence after the transfer;
  4. all applicable licence, account, registration, and eligibility requirements are satisfied;
  5. any applicable administrative transfer fee is paid; and
  6. the transfer is confirmed by FlightScope.
  Until the transfer has been completed and confirmed, the Trugolf E6 software right remains registered to the original Customer and the subsequent owner may not be entitled to use the software. Transfer of the software right does not transfer ownership of any intellectual property rights in the software.
6. If You sell, donate, or otherwise transfer ownership of the Product to a third party, You must inform that third party that:
  1. the Product must be registered in the name of the new owner;
  2. any bundled Trugolf E6 software right may be transferred only in accordance with the applicable Trugolf licence terms and FlightScope’s licence transfer procedure;
  3. FlightScope may require information from the original Customer and/or the new owner to process the transfer;
  4. an administrative transfer fee may be payable; and
  5. until the transfer is completed and confirmed, the new owner may not be entitled to use the bundled Trugolf E6 software.
7. Without express and written authorisation from FlightScope, You are not permitted to
  1. reproduce, represent, modify, translate or adapt, in any form or format, or use the Software and related documentation in any manner and/or
  2. reverse engineer the Products (with the exception of legal requirements to the contrary).
Trade-In Offers
1. Trade-In Promotions Generally
  
  FlightScope may periodically offer trade-in promotions, allowing eligible customers to trade in qualifying legacy or lower-tier products (Trade-In Product) toward the purchase of a new or higher-tier product (Upgrade Product). Trade-in promotions may be time-limited and are subject to the terms of the specific promotion, the eligibility requirements stated at the time of purchase, and this Section 13.
2. Participation and Eligibility
  
  Customers located within the US may participate in a trade-in promotion where offered. Trade-In Products must be shipped from, and returned from, a valid physical address within the US, unless FlightScope expressly agrees otherwise.
  
  By placing a trade-in order, You confirm that:
  1. You are the lawful owner of the Trade-In Product;
  2. the Trade-In Product is eligible for the selected trade-in promotion;
  3. the information You provide about the Trade-In Product is accurate and complete; and
  4. You will follow the return instructions provided by FlightScope.
3. Trade-In Options
  
  FlightScope may offer one or more of the following trade-in options:
  1. Standard Trade-In: You purchase the Upgrade Product under the trade-in promotion, return the Trade-In Product to FlightScope first, and FlightScope ships the Upgrade Product after the Trade-In Product has been received and accepted following inspection.
  2. Immediate Delivery Trade-In: You purchase the Upgrade Product under the trade-in promotion and pay the trade-in price together with a refundable return deposit. FlightScope ships the Upgrade Product before receiving the Trade-In Product.
  You must return the Trade-In Product by the return deadline stated at the time of purchase or in the return instructions. If the Trade-In Product is received by FlightScope on time and is accepted following inspection, the return deposit will be refunded, in whole or in part, subject to the terms of this Section 13.
  
  If You do not return the Trade-In Product by the return deadline, and no alternative written arrangement has been agreed with FlightScope, You will forfeit the return deposit to FlightScope as compensation for the unreturned Trade-In Product.
4. Standard Trade-In Procedure
  
  Where the Standard Trade-In option applies:
  1. You must return the Trade-In Product to the return address specified by FlightScope;
  2. An inbound return shipping fee is added to the trade-in price. FlightScope will provide You with a return shipping label for returning the Trade-In Product. You must use the return label provided, package the Trade-In Product appropriately, and follow the return instructions for the return shipment;
  3. FlightScope will inspect the Trade-In Product after receipt;
  4. if the Trade-In Product meets the applicable eligibility and condition requirements, FlightScope will accept the trade-in and ship the Upgrade Product to You at FlightScope’s cost using the shipping method specified for the promotion; and
  5. if the Trade-In Product does not meet the applicable eligibility or condition requirements, FlightScope may reject the trade-in, adjust the trade-in value, request further payment, or cancel the trade-in transaction, as appropriate.
5. Immediate Delivery Trade-In Procedure and Return Deposit
  
  Where the Immediate Delivery Trade-In option applies:
  1. You must pay the trade-in purchase price and the stated refundable return deposit at the time of purchase;
  2. FlightScope will ship the Upgrade Product before receiving the Trade-In Product;
  3. You must return the Trade-In Product to FlightScope within the return period stated at the time of purchase or in the return instructions;
  4. An inbound return shipping fee is added to the trade-in price. FlightScope will provide You with a return shipping label for returning the Trade-In Product. You must use the return label provided, package the Trade-In Product appropriately, and follow the return instructions for the return shipment;
  5. FlightScope will inspect the Trade-In Product after receipt; and
  6. if the Trade-In Product is received on time and meets the applicable eligibility and condition requirements, FlightScope will refund the return deposit using the original payment method.
6. Condition Requirements for Trade-In Products
  
  Unless different condition requirements are stated for a specific promotion, the Trade-In Product must:
  1. be the correct model and configuration selected for the trade-in;
  2. be lawfully owned by You and free from any third-party claim, lien, or restriction;
  3. be in working condition;
  4. include available accessories such as power supplies;
  5. not be damaged beyond normal wear and tear;
  6. not have been tampered with, improperly modified, opened, or repaired by an unauthorized person.
7. Inspection, Adjustment, and Deductions
  
  After receiving the Trade-In Product, FlightScope will inspect it to confirm eligibility, identity, condition, accessories, and operational status.
  
  If the Trade-In Product does not meet the applicable requirements, FlightScope may, acting reasonably:
  1. reduce the trade-in value;
  2. deduct an appropriate amount from the return deposit;
  3. request payment of the difference between the trade-in value originally applied and the adjusted trade-in value;
  4. reject the trade-in and return the Trade-In Product to You at Your cost; or
  5. where the Immediate Delivery Trade-In option was used and the Trade-In Product is not returned, retain all or part of the return deposit.
  Examples of circumstances that may result in a deduction, reduced trade-in value, or rejection include missing accessories, incorrect model selection, physical or water damage, functional defects, unauthorized modification, or failure to return the Trade-In Product within the required period.
8. Failure to Return the Trade-In Product
  
  If You select the Immediate Delivery Trade-In option and do not return the Trade-In Product within the required return period, FlightScope may retain the return deposit, in whole or in part, as compensation for the unreturned Trade-In Product and the trade-in value applied to the transaction.
  
  If the return deposit is less than the trade-in value or loss suffered by FlightScope, FlightScope may, to the extent permitted by applicable law, request payment of the difference.
9. Refund of Return Deposit
  
  Where a return deposit is refundable, FlightScope will process the refund after the Trade-In Product has been received, inspected, and accepted. Refunds will be made using the original payment method unless otherwise agreed.
  
  The refund may be reduced by any permitted deductions under this Section 13. FlightScope will inform You of the reason for any deduction or refusal to refund the return deposit.
10. Feature Activation Transfers
If the Trade-In Product has no active software feature activations, no activation transfer is required.
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If the Trade-In Product has active feature activations, You may choose during the trade-in order process either to:

a. transfer the eligible activations to the Upgrade Product, subject to eligibility and payment of the applicable non-refundable transfer fee; or


b. forego the activations and pay a lower trade-in price, in which case the activations will not transfer to the Upgrade Product and will lapse when the Trade-In Product is accepted by FlightScope. Feature activations that are not transferred during the trade-in process may not be reinstated or transferred later, but will require a new purchase at the then-current price.
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1. Customer Responsibilities
  
  You must package the Trade-In Product securely and follow all return instructions provided by FlightScope.
2. Manual Assistance
  
  Customers requiring assistance with selecting or processing a trade-in may contact the the FlightScope Sales team by phone on 407-967-7121, or chat with us online on flightscope.com, or email us at sales@flightscope.com.
3. Warranty and Statutory Rights
  
  Any warranty associated with the Trade-In Product does not transfer to the Upgrade Product. The Upgrade Product is subject to its own applicable warranty terms.
4. Changes to Trade-In Promotions
  
  FlightScope may modify, suspend, or cancel trade-in promotions at any time. Changes will not affect trade-in orders already accepted by FlightScope, unless required by law or agreed with You.
Limited Warranty
1. Unless different statutory warranty periods apply in Your country,
  
  FlightScope Products are guaranteed to be free of workmanship and material defects for a period of twelve (12) months.
  
  Third-party equipment, software and accessories are covered by the warranties provided by the original manufacturers of these items.
  
  Repairs to Products are guaranteed to be free of workmanship and material defects for a period of three (3) months from the repair date.
2. The warranty is valid and binding on FlightScope only if:
  1. You have paid for the Product or service in full.
  2. You installed, operated and maintained the Product according to its manuals, instructions and labels.
  3. You contact our Customer Care team at 407-412-9400 or by email to customercare@flightscope.com for assistance in diagnosing and resolving the problem as soon as a malfunction is discovered.
3. FlightScope’s reasonable decision as to whether a repair, replacement or service is covered by this warranty shall be final and binding.
4. Exclusions: Warranty DOES NOT cover:
  1. Damage or malfunctions, and expenses incurred in the process of diagnosing and/or repairing damage or malfunctions resulting from:
    1. User error
    2. Misuse, abuse, or negligence
    iii.Inadequate or improper maintenance
    1. Tampering with, or signs of a user attempting to open, self repair or modify a Product.
    2. Normal wear and tear
    3. Service or modifications by other than FlightScope’s authorized repair centers
    vii.Use of the Product in a manner that is inconsistent with its manuals or labeling
    1. Acts of nature (including, without limitation, floods, fire, earthquake, or acts of war or civil emergency
    2. Use with nonconforming utilities (including, without limitation, electrical power supplies) including damage caused by lightning, power surges, brown-outs, and wrong voltage use.
    3. Performance and life of rechargeable batteries.
5. In the event of a warranty claim, contact customercare@flightscope.com. FlightScope will inform You of the correct additional steps to follow.
6. You must give FlightScope Support reasonable opportunity and time to diagnose the problem and attempt a remedy before considering returning the Product to FlightScope. If our Customer Care team is unable to remotely resolve or remedy the reported issue, You will be provided with a return authorization number. Products must not be returned without return authorization from our Customer Care team..
7. Products authorized to be returned must be accompanied by all accessories supplied at the time of purchase, and preferably in the original packaging.
8. Authorized returns shall be shipped to FlightScope at Your expense and risk.
9. FlightScope will, at its sole discretion, repair or replace the Products as quickly as possible and return said Products to You at FlightScope’s expense.
10. If a Product is returned and does not meet the terms of the warranty, FlightScope will provide You with a quotation for the work and materials required to repair the product in question, and return shipping costs. Upon Your acceptance of the quotation, FlightScope will perform repairs to the Product. Repaired Products will be released and shipped after receipt of full payment of the repair invoice amount.
11. In the event of a fault with a Product after expiry of the warranty period, You may contact our Customer Care team for repair services.
12. You may subscribe to additional services such as a SHIELD Service Contract)(if available in Your region).
13. Third Party Software and other third party items. FlightScope provides no warranty that third party software or other items provided as accessories to or in addition to the Products will be fit for purpose or error free. In all cases third-party software or items, manufacturer’s warranty and terms shall apply. FlightScope shall not be responsible for examining or evaluating the content or accuracy and FlightScope does not warrant and will not have any liability or responsibility for any third-party software, items, websites, or any other materials or services of third-parties. FlightScope shall also not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party items. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
14. FlightScope warrants that the Products do not infringe the intellectual property rights of any third parties. In the event of a claim by a third-party for infringement of intellectual property rights by a Product, You will
  1. inform FlightScope as quickly as possible,
  2. accept that FlightScope may, as it wishes and at its own expense, either
    1. replace or change all or part of the Products, on the condition that the You have respected all Your commitments and that legal action was taken before a competent court and that FlightScope is able to offer a defence as it has the full right to do, and with Your full collaboration and support; or
    2. gain user rights for You under the same conditions, for a solution offering essentially the same functionality and performance; or
    3. make a unilateral decision to end the right which had been granted and reimburse You the Price excluding tax paid by You for the Product in question if the said third-party claim is made within two (2) years following the Delivery Date.
15. The above defines FlightScope’s full obligations in terms of Product warranty.
Responsibility
1. In the event that an order is not processed, or an order processing error occurs by FlightScope or a subcontractor, FlightScope will be indemnified against any damages or losses. FlightScope will not be liable for any indirect and/or immaterial damage (such as operational loss, customer loss, lost opportunities, data loss, etc.). This is expressly accepted by You.
2. You must use the Products only as contemplated in the User manual(s) and related documentation and in appropriate environments for use of the Products.
3. In all cases, it has been expressly agreed between the parties that the total amount of damages, damages and expenses of any kind paid by FlightScope in Your favor as a result of a court decision, and including all lawsuits, will not exceed the value equal to the price excluding the tax received by FlightScope for the product in question.
4. FlightScope may subcontract any or all order processing to a third party at its sole discretion. FlightScope will be responsible for the tasks assigned to such subcontractors.
Modifications To Products, Services, And Prices
1. Prices for Products and services are subject to change without notice.
2. FlightScope reserves the right at any time to modify or discontinue Products or services, or any part or content thereof, without notice at any time.
3. FlightScope shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of a Product or service.
Errors, Inaccuracies and Omissions

Occasionally information on the Site may contain typographical errors, inaccuracies or omissions, including to product descriptions, pricing, offers, shipping options and charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate. We undertake no obligation to update, amend or clarify information on the Site except as required by law.
Indemnity

By transacting with us and accepting these terms You indemnify and hold FlightScope and its officers, members, directors, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns harmless from and against any and all damages, liabilities, costs, expenses, claims and/or judgments, including but not limited to attorneys’ fees, expenses and loss of income which It may be incurred in connection with the purchase, ownership or operation of any Product.
Termination

FlightScope may in its sole discretion at any time prior to Delivery cancel any order(s) by written notice to You. Upon cancellation, FlightScope will refund You the relevant price of the order or part of the order, as applicable. Without prejudice to the provisions of the other terms and conditions, all orders will be canceled after thirty (30) days in the event that You fail to pay any amount due.
Force Majeure
1. In the event of force majeure, the obligations of FlightScope and/or Yourself, will be suspended during force majeure and will be re-applied once the latter is declared to have expired.
2. Failure to carry out the order due to force majeure shall not entail any right of recourse. In the event that any such event prevents FlightScope from fulfilling its obligations, FlightScope will inform You as soon as possible.
3. FlightScope and/or You are able to cancel the order, upon notification, if the force majeure continues for more than sixty (60) days after its initial occurrence. Neither party is entitled to claim damages or compensation.
4. In the event of force majeure, the parties agree to meet as soon as possible in order to agree in good faith on the terms and conditions for canceling the order.
Dispute Resolution and Governing Law
1. Governing Law
  
  These Terms and any dispute or claim arising out of or relating to them, the Products, or the Services shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict-of-laws principles.
2. Good-Faith Resolution First
  
  Before initiating any formal legal proceeding, the parties agree to first attempt to resolve any dispute in good faith by contacting FlightScope Customer Care at customercare@flightscope.com and providing a reasonable description of the issue.
  
  If the dispute is not resolved within thirty (30) days of initial notice, either party may proceed as set out below.
3. Small Claims Option
  
  Either party may bring an eligible claim in a small-claims court located in Florida, provided the claim falls within that court’s jurisdictional limits. This option is available in lieu of arbitration or other court proceedings.
4. Optional Streamlined Arbitration
  
  Where a dispute is not suitable for small-claims court, either party may elect to resolve the dispute through binding arbitration administered by a recognized arbitration provider, conducted
  1. on an individual basis only;
  2. under streamlined or expedited rules; and
  3. by a single arbitrator.
  Arbitration may be conducted remotely unless the arbitrator determines an in-person hearing is necessary.
5. Court Proceedings
  
  If arbitration is not elected, any legal action shall be brought exclusively in the state or federal courts located in Florida, and the parties consent to personal jurisdiction and venue in such courts.
6. Class Action Waiver
  
  To the maximum extent permitted by law, disputes shall be resolved on an individual basis only, and not as a class, collective, or representative action.
7. Costs and Attorneys’ Fees
  
  Each party shall bear its own legal costs and attorneys’ fees, except where applicable law provides otherwise.
8. Mandatory Consumer Rights
  
  Nothing in this section limits any mandatory consumer rights or remedies that cannot be waived under applicable law.
9. UN Convention Waiver
  
  You and FlightScope agree to specifically exclude the application of the provisions of the United Nations Convention on the International Sales of Goods, dated April 11, 1980.