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BEAM SOLUTION Terms of Use
I. General Provisions
1. Scope
These terms of use (ToU) apply to the Beam solution, including the Beam mobile and desktop applications, software development kits (SDK) or any other software supporting the Beam Solution (Software), any services available through them (together with the provision of the Software, the Services) and the content available through them (the Content), which are provided by Eyeware Tech SA, rue Marconi 19 Centre du Parc 1920 Martigny, Switzerland (we, our or Eyeware).
2. Terms of Access
2.1. Acceptance
Any access to, and use of, Software, the Services or the Content (together the Beam Solution), are subject to acceptance of these ToU. Anyone who accesses and/or uses the Beam Solution (a User or you) acknowledges having read, understood and agreed to these ToU.
Access to, and use of, our software development kits (SDK) for the Beam Solution is in addition subject to acceptance of our Beam SDK Licensing Terms.
2.2. Legal entities
Any use of the Beam Solution on behalf of a legal entity is deemed acceptance of these ToU also for this legal entity. By using the Beam Solution or by creating an Account (art. 2.4 ToU) on behalf of a legal entity, you confirm that you are duly authorized to do so and have the capacity to bind this legal entity. In this case, these ToU apply to you and your organization (both referred to as “you” in this document).
2.3. Equipment
We will specify from time to time minimal technical requirements for accessing the Beam Solution. You are responsible for procuring at your expenses the equipment and software required to access the Beam Solution, and for the payment of any costs incurred through their use.
2.4. Account
Certain features of the Beam Solution are only available to users having created a personal account (the Account) and being logged-in to their Account. Accounts may only be created by or on behalf of one single person (either an individual or an entity) and shall be used only by or on behalf of that person. You are not authorized to create multiple Accounts, or to share, sell or buy an Account.
You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.
3. Subscription Plans
3.1. In General. We will offer from time to time different plans to which you may subscribe (each a Subscription Plan), for the access and use of the Services, with the functionalities, modules and limitations specified in the documentation applicable to each Subscription Plan:
a) Free Plan. We may offer a free version of the Beam Solution with limited features and functionality (Free Plan). We may modify the Free Plan at any time in our sole discretion or even discontinue it entirely without prior notice to you. Both you and us may cancel the subscription to a Free Plan at any time.
b) Paying Plan: the paying plans (each Paying Plan) allow you to enjoy additional or improved features and/or functionalities in comparison with a Free Plan. The additional or improved features available for each Paying Plan are detailed on the our website or applications.
You must pay the fees as indicated in the Subscription Plan or by any other appropriate means. Fees are due and payable in advance of their respective terms, as indicated in the Subscription Plan basis (except as otherwise specified in the documentation), and non-refundable in case of termination.
Unless otherwise stated in our website or applications, Paying Plans are concluded for an unlimited period of time until their cancellation by you or us. You may cancel at any time. Cancellation and changes to your Subscription Plan are immediate and irrevocable. In no event will fees already paid be refunded to you. We may cancel your Subscription Plan by written notice (including by email), in which case the cancellation will become effective as of the end of your current paying period (i.e. until a new payment would have been due). We may further cancel your Subscription Plan with immediate effect at any time, and without liability to you, in case you material breach your obligations specified in these ToU.
c) Trial Version: if so specified in the Subscription Plan, the Beam Solution may be made available at a reduced rate or for free for a limited period of time – at which time it will automatically be converted into a Paying Plan – exclusively for the purpose of the Beam Solution’ evaluation in view of the acquisition of a Paying Plan, to the exclusion of any commercial use (the Trial Version).
d) Beta Version. From time to time, Provider may make Beta Services available to Customer at no additional charge. Beta Services are new or different Services, or functionality thereof, made available to customers for testing and evaluation, such as pilot, limited release, early access, etc. and are clearly designated as beta or by a similar description. You may choose to use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported and may be subject to additional terms and fees that may be presented to you. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, storage, service-level agreement or indemnity obligation of any kind and so, which are hereby disclaimed notwithstanding anything to the contrary in the Agreement. For the avoidance of doubt, all restrictions and your obligations in these ToU shall also apply to Beta Services. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.
3.2. Change
We may modify the pricing or content of our Subscription Plans at any time, e.g. by adding new services for additional fees, or amending current plans, at any time and in your sole discretion, provided that if the change concern your current Paying Plan, we will notify you in advance and the increase in Fees will only become effective upon the forthcoming payment term of the Subscription Plan.
3.3. Legacy Services
From time to time, we will cease to offer certain Subscription Plans. We will use commercially reasonable efforts to support such legacy Subscription Plans until the end of the term during which the Subscription Plan is deprecated or as otherwise terminated. Notwithstanding the foregoing, We reserve the right to discontinue supporting legacy Subscription Plans at any time without prior notice. If your subscription model is no longer available, the subscription will automatically be transformed into a subscription under the next closest subscription model existing, as will be indicated to you in writing.
4. Users’ Duties and Responsibilities
4.1. Acceptable Use Policy
You must at all times comply with these ToU and all laws and regulations applicable to your use of the Beam Solution.
You may not, and may not enable others to:
- access and/or use the Beam Solution:
o for purposes other than those provided for in these ToU
o in a way prohibited by law, regulation, governmental order or decree;
o to violate the rights of others;
o to try to gain unauthorized access to or disrupt any service, device, data, account or network;
o to spam or distribute malware;
o in a way that could harm the Beam Solution or impair anyone else’s use of it;
o in any application or situation where failure of the Beam Solution could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage, as further specified in the High-Risk Use section below; or
o for the purpose of building a competitive product or service or copying its features or user interface,
- copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Beam Solution or of their functionalities;
- resell, transfer, assign, lease, lend, or license the Beam Solution to third parties;
- reverse engineer, decompile, disassemble or otherwise attempt to access, reconstruct, identify or discover any source code, underlying ideas, techniques, or algorithms in the Beam Solution, nor attempt to circumvent any related security or technical measures (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by applicable law notwithstanding the foregoing restriction, or to the extent as may be permitted by licensing terms governing use of any open source Software components or sample code included within the Software);
- carry out data processing techniques to extract tracking data from features not intended for that explicit purpose, for instance (but not necessarily) as a mean to circumvent payment of a subscription (e.g. using image processing to extract gaze xy coordinates from gaze visualization features, which is otherwise available through the API);
- use tracking data or other data generated through the Beam Solution to train algorithms;
- introduce or attempt to introduce in any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- upload or transmit content which is inadequate, obscene, immoral, or contain pornography;
- assist or encourage anyone to do any of the above; and
- record and transmit tracking data of other users of the Beam Solutions, or otherwise process their personal data, unless you cumulatively:
o have provided sufficient information about your processing activities;
ü the information you provide must cover, without limitation: which data is collected, for which purpose(s), by whom, with whom and where it is shared, and what rights the user has,
ü you may not process the data in a manner that is inconsistent with the information provided,
ü users must be able to visualize each time tracking data is active (e.g. using a "red dot" recording logo),
o have obtained the users' prior explicit and freely given consent;
ü consent requires an affirmative action (e.g. no pre-ticked box),
ü users must be able to withdraw their consent easily and at any time,
o ensure the security of such data; and
o comply with any applicable data protection and privacy laws.
4.2. High-Risk Use. The Beam Solution is not designed or intended to support any use in which a service interruption, defect, error, or other failure of the Beam Solution could result in the death or serious bodily injury of any person or in physical or environmental damage.
4.3. Medical Device. You acknowledge that the Beam Solution (i) is not designed, intended or made available as a medical device(s), and (ii) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. Compliance with laws/Privacy.
4.4. You agree to comply at all times with all applicable laws and regulations in force pertaining to data protection and security.
4.5. Metrics
If the use of certain Services is subject to specific restrictions (e.g. limited number of concurrent users or devices, named users, or other limitations), as specified in the Subscription Plan or the documentation made available to you, you must use such Services strictly in accordance with those restrictions.
4.6. Accuracy
You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.
4.7. Verifications/Non-compliance
The Software or other means to access the Beam Solution may contain tools allowing us to verify your compliance with these ToU.
Without limiting the rights otherwise provided under these ToU, we may temporarily or permanently refuse to provide the Services, suspend your access to the Beam Solution, and/or deactivate any user credentials issued for their use in case of none compliance with these ToU.
5. Support, Maintenance, and Availability
5.1. Support
if you encounter any problem regarding the Beam Solution, you may submit a request to our support team by email at support@eyeware.tech and we will revert as soon as possible.
5.2. Maintenance and Availability
We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Beam Solution. Although we will use reasonable endeavors to maintain its availability, we do not guarantee it.
5.3. Updates and modifications
You agree that we may require you to accept and download updates for further use or access to the Beam Solution when it is necessary for proper functioning of the Services.
Furthermore, in order to improve the Beam Solution, we reserve the right to introduce automatic updates and modifications into the Beam Solution (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Beam Solution, you hereby express consent to the introduction of such updates and modifications.
All updates constitute an integral part of the Beam Solution and the rules of these ToU apply to such updates.
6. Amendment and suspension
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Beam Solution, with or without notice, without incurring any liability except for the reimbursement of any fees you would have paid in advance.
7. Data protection
We have issued a privacy notice, accessible at https://beam.eyeware.tech/privacy-policy/, which describes how personal data is collected through the Beam Solution and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.
8. Intellectual property
8.1. Title to IP
We and our licensors own the copyright and all intellectual property rights in and to the Beam Solution.
8.2. License and ownership
Subject to your compliance with these ToU and any additional applicable terms referred to on the Beam Solution, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Beam Solution through the Software for your internal personal purposes only, only by one user and on one computing device (such as a desktop or laptop computer, or a mobile device) at a given time, strictly in accordance with these ToU.
8.3. Third-Party Content
The Beam Solution may contain content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Beam Solution.
8.4. User Content
The Services allows Users to transmit or upload Content (the User Content). Ownership in your User Content remains with you. We will only use your User Consent to the extent required to provide and improve the Services, as further specified in these ToU or the Services’ documentation. In addition, provided we use reasonable effort to anonymize it, we reserve the right to reuse your User Content for other purposes, including for data mining, benchmarking and analytics purposes, for developing and marketing new services, or for providing aggregate technical information to our community of customers and partners. You hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content for such purposes.
We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion. You are responsible for retaining a copy of all your User Content.
8.5. Infringement
If you think that the Beam Solution or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at contact@eyeware.tech and we will investigate your request.
8.6. Feedback. Although we are always appreciative of any suggestion or idea for improving or otherwise modifying the Beam Solution (Feedback), we have not agreed to and do not agree to treat as confidential any Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.
9. Warranty
9.1. Principle.
The Beam Solution, including for the avoidance of doubt the Software, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Beam Solution. In particular, we make no warranty, express or implied, commitment or representation that (i) the Beam Solution will meet your needs, (ii) the operation of the Services will be uninterrupted, secure or error-free, (iii) the data and Content generated by, available on, or transmitted through the Beam Solution will be accurate, true or complete, (iv) the Services and results that may be obtained from their use will be accurate or reliable or (v) we will ensure continued compatibility of the Beam Solution, Software, and Services with any third-party products, even if they were compatible at any given moment. You access and use the Beam Solution at your sole risk.
9.2. Third-party content
The Beam Solution may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
9.3. Internet
The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Beam Solution, you accept these risks. We decline all responsibility in this respect.
10. Liability
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Beam Solution, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Beam Solution, (iv) the Content available on the Beam Solution, as well as all linked websites and all documents disseminated through the Beam Solution, (v) any other cause relating to the Beam Solution.
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.
11. Indemnity
You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Services in breach of these ToU.
12. Miscellaneous
12.1. Severability clause
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
12.2. Assignment
You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
12.3. Force Majeure
We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
12.4. No waiver
Any delay or failure by Eyeware to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
13. Applicable law, jurisdiction and venue
13.1. Applicable law
These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
13.2. Jurisdiction
The competent courts at the registered office of Eyeware have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
1.
14. Contact
For any questions regarding the Beam Solution or the ToU, you may contact us at contact@eyeware.tech.
15. Translations Amendments
15.1. Translations
The original language of these ToU, as well as all other texts throughout the Beam Solution, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
15.2. Amendments
These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or via the Beam Solution, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Beam Solution subsequent to this notification shall constitute acceptance of the ToU, as amended.
Last updated: 30th of July, 2021
I. General Provisions
1. Scope
These terms of use (ToU) apply to the Beam solution, including the Beam mobile and desktop applications, software development kits (SDK) or any other software supporting the Beam Solution (Software), any services available through them (together with the provision of the Software, the Services) and the content available through them (the Content), which are provided by Eyeware Tech SA, rue Marconi 19 Centre du Parc 1920 Martigny, Switzerland (we, our or Eyeware).
2. Terms of Access
2.1. Acceptance
Any access to, and use of, Software, the Services or the Content (together the Beam Solution), are subject to acceptance of these ToU. Anyone who accesses and/or uses the Beam Solution (a User or you) acknowledges having read, understood and agreed to these ToU.
Access to, and use of, our software development kits (SDK) for the Beam Solution is in addition subject to acceptance of our Beam SDK Licensing Terms.
2.2. Legal entities
Any use of the Beam Solution on behalf of a legal entity is deemed acceptance of these ToU also for this legal entity. By using the Beam Solution or by creating an Account (art. 2.4 ToU) on behalf of a legal entity, you confirm that you are duly authorized to do so and have the capacity to bind this legal entity. In this case, these ToU apply to you and your organization (both referred to as “you” in this document).
2.3. Equipment
We will specify from time to time minimal technical requirements for accessing the Beam Solution. You are responsible for procuring at your expenses the equipment and software required to access the Beam Solution, and for the payment of any costs incurred through their use.
2.4. Account
Certain features of the Beam Solution are only available to users having created a personal account (the Account) and being logged-in to their Account. Accounts may only be created by or on behalf of one single person (either an individual or an entity) and shall be used only by or on behalf of that person. You are not authorized to create multiple Accounts, or to share, sell or buy an Account.
You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.
3. Subscription Plans
3.1. In General. We will offer from time to time different plans to which you may subscribe (each a Subscription Plan), for the access and use of the Services, with the functionalities, modules and limitations specified in the documentation applicable to each Subscription Plan:
a) Free Plan. We may offer a free version of the Beam Solution with limited features and functionality (Free Plan). We may modify the Free Plan at any time in our sole discretion or even discontinue it entirely without prior notice to you. Both you and us may cancel the subscription to a Free Plan at any time.
b) Paying Plan: the paying plans (each Paying Plan) allow you to enjoy additional or improved features and/or functionalities in comparison with a Free Plan. The additional or improved features available for each Paying Plan are detailed on the our website or applications.
You must pay the fees as indicated in the Subscription Plan or by any other appropriate means. Fees are due and payable in advance of their respective terms, as indicated in the Subscription Plan basis (except as otherwise specified in the documentation), and non-refundable in case of termination.
Unless otherwise stated in our website or applications, Paying Plans are concluded for an unlimited period of time until their cancellation by you or us. You may cancel at any time. Cancellation and changes to your Subscription Plan are immediate and irrevocable. In no event will fees already paid be refunded to you. We may cancel your Subscription Plan by written notice (including by email), in which case the cancellation will become effective as of the end of your current paying period (i.e. until a new payment would have been due). We may further cancel your Subscription Plan with immediate effect at any time, and without liability to you, in case you material breach your obligations specified in these ToU.
c) Trial Version: if so specified in the Subscription Plan, the Beam Solution may be made available at a reduced rate or for free for a limited period of time – at which time it will automatically be converted into a Paying Plan – exclusively for the purpose of the Beam Solution’ evaluation in view of the acquisition of a Paying Plan, to the exclusion of any commercial use (the Trial Version).
d) Beta Version. From time to time, Provider may make Beta Services available to Customer at no additional charge. Beta Services are new or different Services, or functionality thereof, made available to customers for testing and evaluation, such as pilot, limited release, early access, etc. and are clearly designated as beta or by a similar description. You may choose to use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported and may be subject to additional terms and fees that may be presented to you. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, storage, service-level agreement or indemnity obligation of any kind and so, which are hereby disclaimed notwithstanding anything to the contrary in the Agreement. For the avoidance of doubt, all restrictions and your obligations in these ToU shall also apply to Beta Services. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.
3.2. Change
We may modify the pricing or content of our Subscription Plans at any time, e.g. by adding new services for additional fees, or amending current plans, at any time and in your sole discretion, provided that if the change concern your current Paying Plan, we will notify you in advance and the increase in Fees will only become effective upon the forthcoming payment term of the Subscription Plan.
3.3. Legacy Services
From time to time, we will cease to offer certain Subscription Plans. We will use commercially reasonable efforts to support such legacy Subscription Plans until the end of the term during which the Subscription Plan is deprecated or as otherwise terminated. Notwithstanding the foregoing, We reserve the right to discontinue supporting legacy Subscription Plans at any time without prior notice. If your subscription model is no longer available, the subscription will automatically be transformed into a subscription under the next closest subscription model existing, as will be indicated to you in writing.
4. Users’ Duties and Responsibilities
4.1. Acceptable Use Policy
You must at all times comply with these ToU and all laws and regulations applicable to your use of the Beam Solution.
You may not, and may not enable others to:
- access and/or use the Beam Solution:
o for purposes other than those provided for in these ToU
o in a way prohibited by law, regulation, governmental order or decree;
o to violate the rights of others;
o to try to gain unauthorized access to or disrupt any service, device, data, account or network;
o to spam or distribute malware;
o in a way that could harm the Beam Solution or impair anyone else’s use of it;
o in any application or situation where failure of the Beam Solution could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage, as further specified in the High-Risk Use section below; or
o for the purpose of building a competitive product or service or copying its features or user interface,
- copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Beam Solution or of their functionalities;
- resell, transfer, assign, lease, lend, or license the Beam Solution to third parties;
- reverse engineer, decompile, disassemble or otherwise attempt to access, reconstruct, identify or discover any source code, underlying ideas, techniques, or algorithms in the Beam Solution, nor attempt to circumvent any related security or technical measures (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by applicable law notwithstanding the foregoing restriction, or to the extent as may be permitted by licensing terms governing use of any open source Software components or sample code included within the Software);
- carry out data processing techniques to extract tracking data from features not intended for that explicit purpose, for instance (but not necessarily) as a mean to circumvent payment of a subscription (e.g. using image processing to extract gaze xy coordinates from gaze visualization features, which is otherwise available through the API);
- use tracking data or other data generated through the Beam Solution to train algorithms;
- introduce or attempt to introduce in any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- upload or transmit content which is inadequate, obscene, immoral, or contain pornography;
- assist or encourage anyone to do any of the above; and
- record and transmit tracking data of other users of the Beam Solutions, or otherwise process their personal data, unless you cumulatively:
o have provided sufficient information about your processing activities;
ü the information you provide must cover, without limitation: which data is collected, for which purpose(s), by whom, with whom and where it is shared, and what rights the user has,
ü you may not process the data in a manner that is inconsistent with the information provided,
ü users must be able to visualize each time tracking data is active (e.g. using a "red dot" recording logo),
o have obtained the users' prior explicit and freely given consent;
ü consent requires an affirmative action (e.g. no pre-ticked box),
ü users must be able to withdraw their consent easily and at any time,
o ensure the security of such data; and
o comply with any applicable data protection and privacy laws.
4.2. High-Risk Use. The Beam Solution is not designed or intended to support any use in which a service interruption, defect, error, or other failure of the Beam Solution could result in the death or serious bodily injury of any person or in physical or environmental damage.
4.3. Medical Device. You acknowledge that the Beam Solution (i) is not designed, intended or made available as a medical device(s), and (ii) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. Compliance with laws/Privacy.
4.4. You agree to comply at all times with all applicable laws and regulations in force pertaining to data protection and security.
4.5. Metrics
If the use of certain Services is subject to specific restrictions (e.g. limited number of concurrent users or devices, named users, or other limitations), as specified in the Subscription Plan or the documentation made available to you, you must use such Services strictly in accordance with those restrictions.
4.6. Accuracy
You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.
4.7. Verifications/Non-compliance
The Software or other means to access the Beam Solution may contain tools allowing us to verify your compliance with these ToU.
Without limiting the rights otherwise provided under these ToU, we may temporarily or permanently refuse to provide the Services, suspend your access to the Beam Solution, and/or deactivate any user credentials issued for their use in case of none compliance with these ToU.
5. Support, Maintenance, and Availability
5.1. Support
if you encounter any problem regarding the Beam Solution, you may submit a request to our support team by email at support@eyeware.tech and we will revert as soon as possible.
5.2. Maintenance and Availability
We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Beam Solution. Although we will use reasonable endeavors to maintain its availability, we do not guarantee it.
5.3. Updates and modifications
You agree that we may require you to accept and download updates for further use or access to the Beam Solution when it is necessary for proper functioning of the Services.
Furthermore, in order to improve the Beam Solution, we reserve the right to introduce automatic updates and modifications into the Beam Solution (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Beam Solution, you hereby express consent to the introduction of such updates and modifications.
All updates constitute an integral part of the Beam Solution and the rules of these ToU apply to such updates.
6. Amendment and suspension
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Beam Solution, with or without notice, without incurring any liability except for the reimbursement of any fees you would have paid in advance.
7. Data protection
We have issued a privacy notice, accessible at https://beam.eyeware.tech/privacy-policy/, which describes how personal data is collected through the Beam Solution and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.
8. Intellectual property
8.1. Title to IP
We and our licensors own the copyright and all intellectual property rights in and to the Beam Solution.
8.2. License and ownership
Subject to your compliance with these ToU and any additional applicable terms referred to on the Beam Solution, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Beam Solution through the Software for your internal personal purposes only, only by one user and on one computing device (such as a desktop or laptop computer, or a mobile device) at a given time, strictly in accordance with these ToU.
8.3. Third-Party Content
The Beam Solution may contain content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Beam Solution.
8.4. User Content
The Services allows Users to transmit or upload Content (the User Content). Ownership in your User Content remains with you. We will only use your User Consent to the extent required to provide and improve the Services, as further specified in these ToU or the Services’ documentation. In addition, provided we use reasonable effort to anonymize it, we reserve the right to reuse your User Content for other purposes, including for data mining, benchmarking and analytics purposes, for developing and marketing new services, or for providing aggregate technical information to our community of customers and partners. You hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content for such purposes.
We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion. You are responsible for retaining a copy of all your User Content.
8.5. Infringement
If you think that the Beam Solution or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at contact@eyeware.tech and we will investigate your request.
8.6. Feedback. Although we are always appreciative of any suggestion or idea for improving or otherwise modifying the Beam Solution (Feedback), we have not agreed to and do not agree to treat as confidential any Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.
9. Warranty
9.1. Principle.
The Beam Solution, including for the avoidance of doubt the Software, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Beam Solution. In particular, we make no warranty, express or implied, commitment or representation that (i) the Beam Solution will meet your needs, (ii) the operation of the Services will be uninterrupted, secure or error-free, (iii) the data and Content generated by, available on, or transmitted through the Beam Solution will be accurate, true or complete, (iv) the Services and results that may be obtained from their use will be accurate or reliable or (v) we will ensure continued compatibility of the Beam Solution, Software, and Services with any third-party products, even if they were compatible at any given moment. You access and use the Beam Solution at your sole risk.
9.2. Third-party content
The Beam Solution may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
9.3. Internet
The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Beam Solution, you accept these risks. We decline all responsibility in this respect.
10. Liability
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Beam Solution, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Beam Solution, (iv) the Content available on the Beam Solution, as well as all linked websites and all documents disseminated through the Beam Solution, (v) any other cause relating to the Beam Solution.
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.
11. Indemnity
You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Services in breach of these ToU.
12. Miscellaneous
12.1. Severability clause
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
12.2. Assignment
You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
12.3. Force Majeure
We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
12.4. No waiver
Any delay or failure by Eyeware to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
13. Applicable law, jurisdiction and venue
13.1. Applicable law
These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
13.2. Jurisdiction
The competent courts at the registered office of Eyeware have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
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14. Contact
For any questions regarding the Beam Solution or the ToU, you may contact us at contact@eyeware.tech.
15. Translations Amendments
15.1. Translations
The original language of these ToU, as well as all other texts throughout the Beam Solution, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
15.2. Amendments
These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or via the Beam Solution, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Beam Solution subsequent to this notification shall constitute acceptance of the ToU, as amended.
Last updated: 30th of July, 2021