GoPro

GoPro

Basic information
Founded	2002
Legal Structure	Public
Industry	Cameras, Electronics
Also known as
Official website	https://www.gopro.com/

GoPro, Inc. is an American technology company specializing in action cameras and related accessories. It was founded in 2002 by Nick Woodman^[1]

GoPro advertises that its Hero series of cameras are waterproof, but their published warranty excludes water damage.

Upon purchasing the GoPro Hero 13 (and possibly other models), the camera requires a firmware update to be installed before it can be used. While GoPro recommends using their app for this purpose, they do provide a manual installation method via SD card^[2].

This is a list of all consumer-protection incidents this company is involved in. Any incidents not mentioned here can be found in the GoPro category.

In October 2016, GoPro updated their mobile app to include a mandatory login^[3]. This resulted in many customer being unable to use the app to control their devices as advertised, as they were using them in remote areas with no internet connection.

After community push back, GoPro added an internet connectivity check so that the login prompt would only display if the app was connected to the internet. This allowed a workaround of disabling internet access to the app via the application system settings^[4].

Main article: GoPro advertises waterproof cameras despite design flaw and lack of warranty

The product page of the GoPro HERO12 Black asserts that the camera is "Waterproof to 33ft (10m)" without a housing.^[5] Despite said information the warranty by GoPro specifically says:

Because of possible user resealing errors, this product is not warranted against water housing leakage or any resulting damage.^[6]

Upon turning on the device, the device will ask you to agree to their Terms of Use agreement^[7] and will refuse to function as a camera until you click agree.

Their Terms of Use which includes a binding arbitration agreement and waiver against class action lawsuits, which can deprive users of their right to hold GoPro accountable in a court of law:

20. Dispute Resolution; Binding Arbitration Clause and Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

As detailed herein, the Terms of Use mandate that all disputes between you and GoPro be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Use further mandate that all disputes (except those identified in Section 20.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 20 carefully as it may significantly affect your legal rights. [...]

However, it seems that users can opt out of this arbitration agreement by notifying GoPro within 30 days of using their "Service" (which includes their website as well as cameras):

20.4 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: legal@gopro.com. The notice must be sent within 30 days of April 11, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 20.2. If you opt-out of the arbitration provisions, GoPro also will not be bound by them. [...]

Their Terms of Use agreement has very strong language forbidding the resale of their products if purchased through GoPro.com. While this appears to be intended to prevent scalpers or unauthorised commercial resale, the text of the agreement does not provide any exceptions for end-users to re-sell their products after they have purchased them.

End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the GoPro products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a GoPro product without the authorization of GoPro is an infringement of GoPro’s intellectual property rights. By submitting an order on GoPro.com, you agree that you are not purchasing GoPro’s products for resale.

The ability to sell an item is generally viewed as a fundamental right of ownership and in most jurisdictions, products sold via an authorised sale cannot be further restricted by the original vendor in this manner (one example is commonly known as the First-sale doctrine).

The official gopro page for their subscription model

•     GoPro Fusion
•     GoPro HERO
•     GoPro HERO 1
•     GoPro HERO 2
•     GoPro HERO 3 Silver
•     GoPro HERO 3 Black
•     GoPro HERO 4 Silver
•     GoPro HERO 4 Black
•     GoPro HERO 5 Session
•     GoPro HERO 5 Black
•     GoPro HERO 6 Black
•     GoPro HERO 7 Silver
•     GoPro HERO 7 Black
•     GoPro HERO 8 Black
•     GoPro HERO 9 Black
•     GoPro HERO 10 Black
•     GoPro HERO 11 Black
•     GoPro HERO 11 Black Mini
•     GoPro HERO 12 Black
•     GoPro HERO 13 Black
•     GoPro MAX

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