Terms & Conditions

The following are terms and conditions of a legal agreement between you and Drago-Engineering. These terms and conditions (collectively with Drago-Engineering’ Privacy Policy, Content Policy and Cookie Policy, the “Terms and Conditions”) govern your use of www.Drago-Engineering.com, (the “Drago-Engineering Website” or “Website” or “Online Store”), any mobile applications (the “Applications”), the services, features, and content we offer (together with the Website and the Applications, “Drago-Engineering Services” or “Services”) and the products we sell (the “Products”)

By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any “product” uploaded to the Drago-Engineering Website does not violate any law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms and Conditions, you should not use the Website, Applications, or Services.

1. Drago-Engineering Products and Services

We offer ready made products that are available for direct purchase over the website. It is important to go though the reference manual of each device and understand the product features and limitations as well as potential hazards that may result while using it. Drago-Engineering takes no liability for damage or injuries that come as a result of the misuse of our products.

Further, Drago-Engineering offers other services for custom designs. This is normally paid at an hourly rate but can other arrangements can be done together with our sales team. Drago-Engineering will provide technical input and can advise against certain designs but will take no liability if the customer will not follow the recommendations. Costs for custom designs are generally not reimbursable unless agreed so in the particular contract.

2. Account Terms

You represent and warrant that you are at least 18 years of age to use this Service. If you are under 18 years of age, you may use Drago-Engineering.com only with involvement of a parent or guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.  You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

To use most of the Services, you must register for an account on the website (an “Account”).  You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated.  You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your Service password and Account, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account.  You should never publish, distribute or post login information for your Account.  We will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.  You shall have the ability to delete your Account, either directly or through a request made to our support teams.

3. Ordering

(a) Placing an order. To order a Product or one of our Services, you select the item and add it to the cart.

The Services offered are available with a general price per hour. Drago-Engineering reserves the right to cancel any work request with a full refund of any already paid cost without any prior announcement and for any reason. Based on your application for such a request you will be contacted using your account data to clarify the required work. The deliverables are under the ownership of the customer but the technical solutions used can be reused by Drago-Engineering unless agreed otherwise.

The Products offered for sale can be bought based on their availability in the Online Store. Products can be returned (see return rules below) to the seller. Please get directly on touch with our sales departments for extra details or offers based on the ordered amount.

These listings have the full amount of the price, and no extra fees other than shipment value itself will be added when shipping time comes during checkout. Drago-Engineering is not responsible for any import/customs taxes that may appear and the customer is obliged based on the acquisition to pay all taxes.

During checkout we ask you to provide us with information we need for the delivery of the item and billing. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English.

These items are going to the shipment process immediately.

(b) Unacceptable orders, cancellation of orders by us. If a Product or Service is available through our Website, the default assumption is that it can be produced, in production or already made. There are, however, technical or other reasons why Drago-Engineering may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, Supplier issues, capacity issues, or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and (except in cases of fraud or other violations of our policies) issue you a full refund for the cancelled item(s).

(c) Prices. The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. Drago-Engineering reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any amount of money paid related to that order will be refunded to you.

(d) Payment and price. The total price in the final order quoted on the website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). If you pay in a currency that is different from the denominated currency of your payment method (which is probably the case if your bank or credit card account is not denominated in Euros), your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment.  Please contact your provider for information about these fees.  These fees are not controlled by or known to Drago-Engineering.

You can initiate your payment for your order via PayPal.com, or bank transfer. If you choose to pay using PayPal you will be directed to the PayPal.com website. In case you choose to pay by bank transfer you will receive the payment instructions via email from Drago-Engineering after confirmation of your order.

Drago-Engineering shall not be responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with PayPal’s terms of use.

For orders paid for via PayPal, Drago-Engineering will begin production or shipping after authorizing and holding payment.  For orders paid for via bank transfer, Drago-Engineering will begin production or shipping after the funds arrive in the Drago-Engineering bank account unless otherwise agreed.

(e) Acceptance After accepting your order we will send you an order confirmation by e-mail to the address associated with your Drago-Engineering Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors, you should contact us as soon as possible by sending an email to sales team: sales@drago-engineering.com.

(f) Order Tracking Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc.

(g) Shipping Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship the product to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Drago-Engineering to the shipment carrier (FOB Shipping Point, EX Works).

(h) Cancellation of your order, return of products.  Due to the personalized nature of our Services , you cannot cancel your order after it goes into production except you are not applying for full refund. In this case we will retain from the amount paid or to be paid a proportional amount to the work already executed.

For Products we offer cancelation for orders places on our Online Shop and will refund the buyer for the full amount. If the items were already shipped, we won’t refund any tax costs or costs associated with the shipping. The buyer will also need to arrange shipping that offers tracking back to the seller on its own expense and also cover any tax required for the seller to get the products back. If the Products are damaged or not functional, costs will not be reimbursed for them.

For Product orders placed through our sales team that include an advance payment, the advance payment will not be refunded in case the order is canceled by the buyer. Drago-Engineering reserves the right to cancel such orders without a prior notification and for any reason unless otherwise agreed during the sales process In this case the advance payment will be refunded in full. After the goods are fully paid and delivered, we don’t offer any refunds. for such orders.

Additionally, except where required by law we are not able to refund purchases of a “Gift Card” or at any point. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.

4. Warranty; Disclaimer.

(a) Deliverables of custom services

In the following section we will be taking about the deliverables of the customs services offered by Drago-Engineering. These are including, but not limited to: PCBs, Layout designs, Schematic designs, SW, or fully custom electronic products.

Drago-Engineering does not give any warranty about the products themselves and does not guarantee that the product will be fit for any particular purposes. These are custom designs according to the specifications provided. Please inspect the product upon receipt immediately. If the product is faulty or not at meeting a particular criteria/specification when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please , within 10 days after receipt of the product contact us. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the product unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the product. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with proof (photographs, measurements etc.) that we deem necessary to evaluate your claim. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 10 days we will assume the product meets your specifications and performance requirements. The terms expressed here may be overruled by different agreements during the sales process.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.

You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation products) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation products) contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

WE DO NO ASSUME ANY LIABILITY FOR DAMAGE TO PROPERTY OR LIFE RESULTED FROM THE USE OF OUR PRODUCTS. THE BUYER IS TAKING FULL RESPONISBILTY TO ENSURE SAFE USAGE OF ALL PRODUCTS.

PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE PRODUCTS MAKE THE PRODUCTS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE PRODUCTS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE PRODUCTS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the product.

(b) Standard Products

For all Products offered by Drago-Engineering we offer a limited warranty in case of device breakdown. If the product is faulty or not at meeting a particular criteria/specification when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please , within 30 days after receipt of the product contact us. Such warranty claim can be made only within 30 days after receipt of the model by you. Do not return the product unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the product. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with proof (photographs, measurements etc.) that we deem necessary to evaluate your claim. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 30 days we will assume the product meets your specifications and performance requirements. The terms expressed here may be overruled by different agreements during the sales process.

Warranty is voided by the misuse of the Products. Each Product must be used in accordance to the reference manual provided on the website. Anything else is considered misuse.

WE DO NO ASSUME ANY LIABILITY FOR DAMAGE TO PROPERTY OR LIFE RESULTED FROM THE USE OF OUR PRODUCTS. THE BUYER IS TAKING FULL RESPONISBILTY TO ENSURE SAFE USAGE OF ALL PRODUCTS.

5. Use of the Drago-Engineering Website

Copyright and all other proprietary rights in the content of the Website and the Products or Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Drago-Engineering or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to Drago-Engineering. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Drago-Engineering is unlicensed by Drago-Engineering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. Our rights include rights to (i) the Products and Services developed and provided by us; and (ii) all software associated with the Products and Services. All copyright and other proprietary notices shall be retained on all reproductions.

This Website may provide links to other websites that are not under the control of Drago-Engineering. Drago-Engineering shall not be responsible in any way for the content of such other websites. Drago-Engineering provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Drago-Engineering of the content of such websites.

Since the Drago-Engineering Website and Online Shop is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content (including without limitation any products or services) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content.

We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.

6. User Generated Content

The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website, the Application or the Services by you, including but not limited to all uploaded products, pictures of products, comments on the Website, specifications provided in your order for a CoCreator model (a “CoCreator Model”), as well as the manufactured product we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.

Drago-Engineering has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of Drago-Engineering.

In order to keep Drago-Engineering and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content Policy” (https://drago-engineering.com/content-policy/).

Except for your products, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, the Applications or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website, the Applications, or the Services a non-exclusive license to access your User Generated Content through the Website, the Applications or the Services, and share your User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on the Drago-Engineering site and is not done on a site that competes directly or indirectly with Drago-Engineering Products or Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

7. Intellectual Property Rights of product feature set, software code and architecture, PCB designs, 3D designs

We hold the full Intellectual Property (“IP”) for all the Products we are offering on our website and copying or reverse engineering their design or software or any details related to the Products is completely not allowed unless explicitly stated in writing by Drago-Engineering. Drago-Engineering reserves the right to take legal action in order to stop the IP breach and to cover any potential financial impacts in case the above rules are violated,

When submitting a service request all the details you submit to Drago-Engineering will remain within your IP. By uploading data ( software, CAD designs, specification) to the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Unless agreed otherwise during the sales process, all of the resulting work deliverables will be under the buyers IP, but Drago-Engineering will be licensed to reuse parts of the design or source code created during delivery of the service. Drago-Engineering is not allowed to sell to a competitor the complete deliverable result of a service, unless explicitly allowed but as mentioned can use parts of it during future work.

By uploading data ( software, CAD designs, specification) to the Services, you grant Drago-Engineering a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your data for the manufacturing of your product in order to fulfill your order; (ii) if you offer your product for sale through Drago-Engineering, to use your data for the manufacturing of your product in order to fulfill orders of your product made through Drago-Engineering and (iii) to use the product as necessary for the operation and maintenance of Drago-Engineering Services including without limitation for the internal testing and educational purposes of Drago-Engineering and Drago-Engineering manufacturing partners.

In order to protect third party intellectual property right owners we retain the right to review and refuse any order when it, in our sole and exclusive discretion, appears to infringe third party intellectual property rights, or in our discretion the product does not comply with our Content Policy.

By removing your data from the Services, you terminate all licenses granted to Drago-Engineering and its users to such product under these Terms and Conditions; provided that Drago-Engineering is entitled to use your product to fulfill orders of your product that were placed before the removal and may continue to use the model for internal testing and educational purposes. As a affiliate you grant Drago-Engineering a non-exclusive, royalty free, worldwide, transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.

8. Consent to Use of Personal Data

By using our Services, you agree that Drago-Engineering may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Drago-Engineering Privacy Statement (https://drago-engineering.com/privacy-policy/).

9. Third Party Services.

The website may permit you to link to other websites(eg. Google Play), services or resources on the Internet, and other websites, services or resources may contain links to the website. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

10. Payments and Billing.

Certain Products and Services of our website may be subject to payments now or in the future (the “Paid Services”).  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the website (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE.  IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.

11. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, vendors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Generated Content, products, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. This indemnity also includes shop owners who make available models that can be customized by you in the event that a claim is brought against that shop owner for modifications to the model initiated by you.

12. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PRODUCTS OR SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING) , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY DDRAGO-ENGINEERING FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) ∈100.

13. Applicable Law

These Terms and Conditions and the use of Services shall be governed by the laws of the Europe Union without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than EU. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the state courts located in Germany Europe Union.

14. Entire Agreement

The terms in these Terms and Conditions, the Drago-Engineering Privacy Policy, the Drago-Engineering Content Policy, and, if applicable, the Drago-Engineering Shop Terms of Service and/or Drago-Engineering API Terms, as well as any applicable terms, conditions, policies, requirements or limitations contained in the Products or Services constitute the exclusive and complete agreement between Drago-Engineering and You. Drago-Engineering will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms and Conditions or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.

15. Miscellaneous

(a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to office@drago-engineering.com.

(e) No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

(g) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”).  You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Products and Services.

16. Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email at office@drago-engineering.com

17. Changes to These Terms

We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.

SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. DRAGO-ENGINEERING MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.