Terms and Conditions

These Terms and Conditions apply to purchases from We Are Falcon ApS through wearefalcon.tv, store.wearefalcon.tv, quotations, order confirmations and other sales channels operated by us.

1. Company information

Company name: We Are Falcon ApS
Company registration (CVR): 46129911
VAT number: DK-46129911
Registered address: Engen 2, 4690 Haslev, Denmark
Email: hello@wearefalcon.tv
Phone: +45 51 90 98 88

2. Scope and order of precedence

These Terms apply to software, subscriptions, licenses, hardware, accessories, upgrades, renewals, installation, configuration, integration, training, support and other services supplied by We Are Falcon ApS.

Subscriptions are also governed by our Subscription Terms. If documents conflict, the following order applies: an individually signed agreement or accepted quotation, the order confirmation, product-specific terms, the Subscription Terms for subscription matters, and then these Terms. Mandatory rights under applicable law always prevail.

3. Consumers and business customers

We sell to both consumers and business customers. A consumer is a natural person acting mainly outside their trade, business or profession. A business customer is a person or legal entity acting for commercial or professional purposes.

You must provide accurate customer, billing, country and tax information. Selecting “Company”, entering a company name or requesting a business invoice does not remove mandatory consumer rights if the purchase is in fact a consumer purchase.

4. Products and services

4.1 Software and subscriptions

Our software may be delivered as a hosted service, an installed application, a recurring subscription, an annual license, a hardware-bound license or a combination of these. The applicable product page, checkout, quotation or order confirmation describes the included features, license period, billing interval, usage limits and system requirements.

4.2 Hardware and physical products

We supply selected computers, servers, video and audio interfaces, DeckLink cards and other equipment used with our software. Hardware may be configured, tested or assembled for the individual customer.

4.3 Professional services

Installation, integration, configuration, training and consultancy are included only when expressly stated in the quotation or order confirmation. Scope, timing, customer dependencies and any additional charges will be agreed separately.

5. Orders and formation of the agreement

Product pages and price information are invitations to place an order and are not binding offers. You are responsible for checking the selected product, billing interval, customer status, country, tax information and contact details before submitting an order.

For immediately supplied subscriptions, the agreement is normally formed when payment is authorised and we issue an order confirmation or activate access. For hardware, custom configurations and professional services, an automatic receipt only confirms that we received your request. The binding agreement is formed when we issue an order confirmation, accept a quotation or otherwise confirm the order in writing.

We may reject or correct an order before acceptance in the event of an obvious price or description error, failed payment, unavailable components, export restrictions or another material obstacle. We will contact you and refund any amount already collected for an order we cannot accept.

6. Prices, VAT and other taxes

All prices are stated in euro (EUR) and exclude VAT and other taxes unless expressly stated otherwise. Applicable VAT and other taxes are calculated according to the customer’s billing or delivery country, customer status, product type and valid tax registration information.

Subscription prices may be adjusted for future annual renewal periods, including by increasing the price. The applicable renewal price will be communicated before renewal and will not change the price of a subscription period that has already been paid.

The applicable tax treatment and total amount payable will be shown in the checkout, quotation or order confirmation before the order is finalised. Eligible VAT-registered business customers in another EU member state may be invoiced under the reverse-charge mechanism after successful validation. Danish customers are charged Danish VAT where applicable.

For deliveries outside the EU, and where otherwise stated, the customer may be responsible for import VAT, customs duties, clearance fees and similar local charges. Any such responsibility and the agreed delivery basis should appear in the quotation or order confirmation. Your bank or card issuer may apply currency conversion or international payment fees, for which we are not responsible.

7. Payment

Available payment methods and payment timing are shown in the checkout, quotation or order confirmation. Subscription payments are normally collected when access starts and automatically at each renewal. Hardware, custom configurations and professional services may require advance payment, a deposit, payment before dispatch or another agreed payment schedule.

Our standard prices assume a streamlined online sales, contracting and payment process. If a customer requests international wire transfer, non-standard vendor onboarding, extensive legal or procurement forms, contract review or other extraordinary sales administration, We Are Falcon may charge an additional transaction and administration fee. The amount and scope of the fee will be disclosed and agreed before the order is confirmed.

The customer is responsible for its own bank charges and any correspondent or intermediary bank charges, unless otherwise agreed in writing, so that We Are Falcon receives the full invoiced amount.

Recurring card payments are processed by our payment provider using a secure payment token. We do not store full card details on our own systems. If payment fails, we may withhold delivery or suspend access in accordance with the Subscription Terms and applicable law.

8. Hardware delivery and shipping

Hardware systems are prepared and scheduled individually. The expected dispatch date, delivery period, shipping method, shipping cost and delivery destination will be planned with the customer and confirmed in the quotation or order confirmation. No standard delivery time applies unless it is expressly stated for the order.

If components become unavailable or the agreed schedule changes, we will contact you to agree on a revised date, an alternative product or cancellation where applicable. Mandatory consumer rights concerning delivery and delay remain unaffected.

For consumer purchases, the risk of loss or damage normally passes when the goods are delivered to the consumer or a person designated by the consumer. For business purchases, risk passes as stated in the quotation, order confirmation or agreed delivery terms. Visible transport damage should be reported to the carrier and to us as soon as reasonably possible.

9. Delivery and use of software

Software and digital access may be delivered by account activation, download, email, license key or activation on approved hardware. Delivery is complete when the agreed access or activation information has been made available, subject to mandatory consumer law.

Unless otherwise agreed, the customer receives a limited, non-exclusive and non-transferable right to use the software for the paid license period and within the purchased plan. Licenses may not be resold, sublicensed, shared outside the permitted users or transferred to other hardware without our written approval. Hardware-bound licenses may require our assistance when approved hardware is replaced.

The customer is responsible for meeting published system, network and third-party requirements and for maintaining appropriate backups and security in its own environment.

10. Consumer right of withdrawal

10.1 Hardware and physical goods

Consumers normally have a 14-day right of withdrawal for goods purchased online. The period normally begins when the consumer receives the goods, the final item in a multi-item order or the final part of a delivery.

To withdraw, contact hello@wearefalcon.tv within the applicable period with a clear statement and the order number. Goods must then be returned within 14 days. The consumer normally pays the direct return cost and is responsible for secure packaging. We may deduct any reduction in value caused by handling beyond what is necessary to establish the nature, characteristics and function of the goods.

Some genuinely custom-made or clearly personalised goods may be excluded from the right of withdrawal where permitted by law and where this is disclosed before the order. Mandatory consumer rights always apply.

10.2 Software, digital content and services

The consumer’s right of withdrawal does not disappear merely because software is activated. Where the law permits the right to end before the 14-day period expires, this requires the consumer’s prior express consent to immediate delivery and acknowledgement that the right of withdrawal will be lost. For services started at the consumer’s express request during the withdrawal period, the consumer may be required to pay a proportionate amount for services already supplied.

Withdrawal may be exercised using any withdrawal function made available on our Website or by sending a clear statement to hello@wearefalcon.tv. These provisions do not restrict any mandatory right available in the consumer’s country.

11. Warranty, updates and complaints

Consumers retain all mandatory rights concerning defective goods, software and digital services, including applicable rights to remedies and required updates. Complaints should be made within the applicable statutory period and within a reasonable time after the issue is discovered.

Business customers must inspect delivered hardware and services within a reasonable time and notify us promptly with the order number, a detailed fault description and relevant diagnostic information. Depending on the circumstances, we may repair, replace, reperform, provide a workaround, issue a price reduction or refund the affected delivery.

Problems caused by unsupported customer equipment, unauthorised modification, incorrect configuration, misuse, third-party outages or network conditions outside our control are not defects in our product, unless mandatory law provides otherwise.

12. Support, maintenance and updates

The support level, response times and any service level commitments are only guaranteed when stated in the purchased plan, quotation, order confirmation or separate support agreement. We may perform maintenance and deploy updates for security, compatibility, performance and functionality. We will use reasonable efforts to provide advance notice of planned changes that materially affect normal use.

No online service can be guaranteed to operate without interruption. This does not limit mandatory rights or any expressly agreed service level.

13. Customer responsibilities and acceptable use

Customers must protect account credentials, keep authorised-user information current and use the products lawfully. Our products must not be used to infringe third-party rights, distribute unlawful material, bypass security or licensing controls, interfere with other users or place unreasonable loads on our systems.

14. Customer content, privacy and data processing

Customers retain ownership of their video, audio, graphics, rundowns, production data and other content. The customer grants us the limited rights necessary to host, transmit, process, back up and otherwise provide the purchased services.

Personal data is processed as described in our Privacy and Cookie Policy. Where We Are Falcon processes personal data on behalf of a business customer, the parties may enter into a data processing agreement. Customers are responsible for having a lawful basis for content and personal data they upload or transmit.

15. Intellectual property

We Are Falcon and our licensors retain all intellectual-property rights in the software, documentation, designs and services. No ownership is transferred to the customer. The customer may not copy, modify, reverse engineer or create derivative products except where expressly permitted by law or written agreement.

16. Suspension and termination

We may suspend access where reasonably necessary because of failed payment, a material breach, security risk, fraud, unlawful use or a legal requirement. Where practicable, we will notify the customer and allow a reasonable opportunity to remedy the issue. Subscription cancellation and termination are further governed by the Subscription Terms.

17. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including mandatory consumer rights.

For business customers, to the maximum extent permitted by law, We Are Falcon is not liable for indirect or consequential loss, loss of profit, revenue, production, goodwill, anticipated savings or data. Our aggregate liability for direct loss relating to a subscription or service is limited to the fees paid for the affected product during the six months preceding the event giving rise to the claim. For a one-off hardware purchase, the corresponding limit is the purchase price of the affected hardware. These limitations do not apply in cases of wilful misconduct or gross negligence where they may not lawfully be limited.

18. Additional terms for business customers

Business customers have no statutory consumer right of withdrawal. We retain title to hardware until full payment has been received. Overdue business payments may be subject to interest and recovery costs under applicable law or the agreed order terms. Individually accepted quotations, statements of work and order confirmations may contain additional business terms.

19. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, labour disputes, widespread infrastructure or communications failure, government action, epidemics and major third-party service disruption. The affected party must use reasonable efforts to reduce the effect and resume performance.

20. Changes to these Terms

The Terms applicable to a one-off purchase are those accepted when the order is placed. We may update these Terms for future purchases. Changes affecting an active Subscription are governed by the Subscription Terms and will not remove mandatory rights.

21. Complaints and dispute resolution

Please first contact hello@wearefalcon.tv so that we can try to resolve the matter. Eligible consumers may refer a complaint to the Danish Centre for Complaint Resolution and the Consumer Complaints Board through Nævnenes Hus, or use another competent consumer body available under mandatory law.

22. Governing law and venue

These Terms are governed by Danish law. Consumers retain the protection of mandatory laws and jurisdiction rules applicable in their country of residence. For business customers, disputes that cannot be resolved amicably shall be brought before the Danish courts having jurisdiction at the registered office of We Are Falcon ApS, unless otherwise agreed in writing.

23. Contact

Questions about purchases, delivery, licensing or these Terms may be sent to hello@wearefalcon.tv or directed to +45 51 90 98 88.