These Terms of Service (“Terms”) govern your access to and use of the websites, online stores, products, software, and services (collectively, the “Services”) offered by GoTAK LLC (“GoTAK”, “we”, “us”, or “our”). Please read these Terms carefully before using the Services or placing an order. By accessing our Sites or purchasing from us, you agree to be bound by these Terms.
Agreement to Terms
By accessing or using our Services, or by placing an order through www.getgotak.com or any related site (collectively, the “Sites”), you agree to be bound by these Terms and by all policies referenced in them, including our Privacy Policy, Shipping Policy and Returns & Refund Policy. If you do not agree to these Terms, you may not access or use the Services. If you are entering into these Terms on behalf of a company, government agency, or other organization, you represent that you have the authority to bind that entity to these Terms.
Who we are
GoTAK LLC is a Virginia limited liability company providing tactical communications hardware, TAK (Team Awareness Kit) software and integrations, and related professional services. You can reach us at:
- GoTAK LLC, 780 Lynnhaven Parkway, #400, Virginia Beach, VA 23452
- Email: sales@getgotak.com
- Phone: (757) 910-0259
Eligibility
You must be at least 18 years of age and capable of forming a binding contract to use the Services or place an order. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete. Certain products and services are offered only to qualified government, commercial, or professional customers, and we may decline or cancel any order at our discretion.
Products, services, and availability
We make reasonable efforts to describe and display our products and services accurately, including specifications, images, and pricing. However, we do not warrant that product descriptions, colors, specifications, or other content are complete, current, or error-free. Products and services are subject to availability, and we may modify, discontinue, or limit any product, service, or offer at any time without notice. Many of our kits and systems are built or configured to order and may vary from images shown.
Orders, pricing, and payment
All prices are listed in U.S. dollars and are exclusive of taxes, duties, and shipping unless stated otherwise. We reserve the right to correct pricing errors and to refuse or cancel any order, including orders where the price was incorrectly stated. Your order is an offer to purchase; a contract is formed only when we accept your order and process payment. You authorize us and our payment processors to charge your selected payment method for the total amount of your order, including applicable taxes and shipping. We may require additional verification or information before accepting an order.
Made-to-order, pre-order, and custom items
Most of what we sell is made to order: EUDs are provisioned and configured for each order, sensors such as RIDAR are hand-built in batches, and kits are assembled to the configuration you select. When a product page, product title, or checkout indicates that an item is “pre-order”, “made to order”, “built to order”, or “custom configured”, you are purchasing a place in a production run, not an item sitting on a shelf. Your order is accepted, and the sale is complete, when we send the order confirmation. All sales are final. Any returns or refunds are handled exclusively in accordance with our Return & Refund Policy, which is incorporated into these Terms by reference.
Order cancellation
Orders for made-to-order, pre-order, built-to-order, or custom-configured items cannot be cancelled after the order is placed, including while the item is in production or before it has shipped. Placing such an order commits us to sourcing components, scheduling production capacity, and building your unit; we begin incurring those costs immediately, and a change of mind, a decision to purchase elsewhere, or an alternative solution does not entitle you to cancel or to a refund. Where a request to cancel is received before shipment, we will complete and ship the order as accepted. Cancellation is available only where we have failed to ship within the lead time stated at the time of your order and have not obtained your consent to a revised date, as described in the Shipping Policy.
Lead times and pre-order delivery windows
Lead times and delivery windows shown on product pages, in the product title, at checkout, or in our order updates are measured from the date of your order and are estimates made in good faith. A pre-order or made-to-order item that ships within the stated window has been delivered as promised. Progress updates we send by email or post publicly are provided as a courtesy and do not change the stated window, and an update that assembly or dispatch is “in progress” is not a new promise of a specific date. If we determine that we cannot ship within the stated window, we will notify you and offer a revised date; you may accept the revised date or, at that point only, cancel for a full refund.
Chargebacks and payment disputes
If you believe there is a problem with your order, contact us at sales@getgotak.com first so that we can resolve it. By placing an order you agree that a payment dispute or chargeback filed for an order that has shipped, or that is within its stated lead time, on the basis of a change of mind, a decision to purchase elsewhere, or the fact that a pre-order or made-to-order item has not yet shipped, is not a valid basis for reversal. We will contest such disputes and will provide the payment processor, card issuer, or financing provider with the order record, the product page and policies as displayed at the time of purchase, your acceptance of these Terms at checkout, our correspondence, and the shipment tracking record.
Shipping and delivery
Shipping timelines are estimates and are not guaranteed. Title and risk of loss for physical products pass to you upon our delivery of the items to the carrier. You are responsible for providing accurate shipping information and for any customs duties, import taxes, or fees imposed by the destination country. We are not liable for delays, loss, or damage caused by carriers or by circumstances beyond our reasonable control.
Export control and regulatory compliance
Certain products, software, and technical data we offer may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and, where applicable, the International Traffic in Arms Regulations (ITAR), as well as the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You agree that you will not export, re-export, transfer, or divert any product, software, or technical data obtained from us except in full compliance with all applicable laws and regulations, and not to any prohibited country, entity, or individual. You represent that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. embargo or trade restrictions. You are solely responsible for obtaining any licenses or authorizations required for your use, resale, or export of our products.
Acceptable use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to: (a) violate any applicable law, regulation, or third-party right; (b) access, tamper with, or use non-public areas of the Services or our systems; (c) attempt to probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures; (d) interfere with or disrupt the integrity or performance of the Services; (e) introduce any malware or malicious code; or (f) use the Services to develop a competing product or to resell the Services without our written consent.
Software, subscriptions, and licenses
Where we provide software, applications, plugins, hosted services, or subscriptions (including TAK software and cloud services), your use is licensed, not sold, and is subject to these Terms and any additional license or subscription terms presented at the time of purchase or activation. Unless otherwise stated, we grant you a limited, non-exclusive, non-transferable, revocable license to use such software and services for your internal operational purposes. Subscriptions renew and cancel according to the terms presented at purchase. We retain all rights not expressly granted.
Intellectual property
The Services and all content, features, and functionality — including text, graphics, logos, product designs, software, and the “GoTAK” name and marks — are owned by GoTAK or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, reverse engineer, or create derivative works from any part of the Services without our prior written consent. Third-party trademarks, including “TAK” and “ATAK”, are the property of their respective owners and are used for identification purposes only.
Third-party products, links, and services
Our Services may include third-party products, integrations, or links to third-party websites and services that we do not control. We provide these for convenience only and do not endorse and are not responsible for their content, products, policies, or practices. Your dealings with any third party are solely between you and that third party, and may be governed by separate terms and privacy policies.
Device firmware, modifications, and warranty
Any warranty we provide is a limited warranty, applies only to the specific product it covers, and exists only where we have expressly stated it in writing. The following terms apply to all hardware we supply, including end-user devices (“EUDs”), radios, and other pre-configured or embedded systems.
Authorized firmware only. Hardware we supply is frequently loaded with specific firmware, operating-system builds, bootloaders, or embedded software that we have selected, configured, or validated for compatibility and operational use. You may not flash, load, install, replace, downgrade, re-image, root, unlock, or otherwise modify the firmware, operating system, bootloader, or embedded software on any device we supply without our prior express written authorization. Firmware supplied by a manufacturer or original equipment manufacturer (“OEM”) is not necessarily compatible with a device as we have configured it, and installing it may permanently disable the device (“brick” it).
Unauthorized modification voids the warranty. Any attempt to flash, re-flash, or modify firmware or embedded software — or to have such work performed by any third party — without our prior express written authorization immediately and permanently voids all warranties applicable to the affected device, whether provided by us or passed through from a manufacturer, and releases us from any obligation to repair, replace, refund, credit, or otherwise support that device.
Contact us first. If a device is malfunctioning or behaving unexpectedly, you must contact GoTAK before attempting any firmware change and before engaging an OEM or any other third party for service or firmware. Many issues can be resolved without modifying firmware; contacting a manufacturer or third party directly instead of us may result in incompatible firmware being installed and the device being damaged or rendered inoperable.
No liability for unauthorized firmware or third-party service. To the maximum extent permitted by law, we are not responsible or liable for any damage, data loss, loss of functionality, bricking, or total failure of a device arising from firmware or software that you or any third party (including an OEM) flash, install, downgrade, or modify without our prior express written authorization, or from service or repairs performed by anyone other than GoTAK or our authorized agents. Any such damage is your sole responsibility and is excluded from any warranty, return, refund, or replacement.
Disclaimers
The Services and all products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except as expressly provided in a written warranty or as required by law. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any product will meet your specific operational requirements. You are responsible for evaluating the suitability of any product or service for your intended mission or use case.
Limitation of liability
To the maximum extent permitted by law, in no event will GoTAK or its officers, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, use, or goodwill, arising out of or related to your use of (or inability to use) the Services or any products, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid to us for the product or service giving rise to the claim in the twelve (12) months preceding the event.
Indemnification
You agree to indemnify, defend, and hold harmless GoTAK and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, your violation of any applicable law or export regulation, or your infringement of any third-party right.
Governing law and dispute resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Virginia Beach, Virginia, and you consent to personal jurisdiction and venue there. Nothing in this section limits either party’s ability to seek injunctive or equitable relief.
Changes to these Terms
We may update these Terms from time to time. The updated version will be indicated by a revised effective date and will be effective as soon as it is posted. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Contact us
If you have any questions about these Terms, please contact us at sales@getgotak.com or by mail at GoTAK LLC, 780 Lynnhaven Parkway, #400, Virginia Beach, VA 23452.