General Terms and Conditions

These general terms and conditions (hereinafter referred to as the “Terms”) apply to the software product OMNIVISIX available on the website of omnivisix.com (hereinafter referred to as the “Site”).

The Site is managed by

Omnivisx Solutions GmbH
Salzburger Strasse 108, 4820 Bad Ischl, Austria

(hereinafter the “Company” )

Before accessing the products offered through the Website, the Buyer is required to read these General Conditions, which are generally and unambiguously accepted when the form relating to the product is sent.

The Buyer is invited to download and print or keep on another durable medium a copy of the Product Form and these General Conditions.

Definitions

• “Device“: the device (computer, mobile phone, etc.) specified in the Order Form that is scanned to identify possible security threats;

• “Scan“: detection of the possible presence of viruses or other security threats on the Device;

• “Account“: the computer profile created to perform the Service and scan the Device, which will be deleted upon completion of the scan;

• “Report“: a summary report of the scan results within the Device.

1. Object

The Company undertakes to grant to the purchaser (hereinafter “Customer“) indicated in the “ORDER FORM” (hereinafter “Contract” or “Order Form“) the temporary and remote use, via the Internet, of the software application and/or related services (hereinafter “Services“) indicated in the Contract or ordered even separately with reference to this Contract. It should be noted that the Web Software is an application produced by OMNIVISX Solutions GmbH, marketed by the same, accessible via the Internet, and that the object of the Contract, specifically indicated in the Order Form, is therefore generally performed via the Internet:

• The availability of space on its own technological infrastructures or those of authorized and certified third parties, in its own offices and/or in the offices of third parties (all referred to as “Hosting”);

• The provision of access credentials for the use of the Application Software;

• The ordinary maintenance of the Software and Services specified in the Contract.

The Customer acknowledges that the Service ends with the sending (by processing the downloadable PDF) of the report relating to the Device indicated in the Order Form. The Customer understands and accepts that if the presence of a security threat is detected (for example, malware, viruses, etc.), the elimination of the threat is not included in the Service.

The Customer is also aware that the Service is provided only on the device specified in the Order and that any additional device must be the subject of a separate agreement.

2. Acceptance of the Service conditions

By signing the Contract or sending the Purchase Order, the Customer fully accepts all the conditions contained therein and, as specified in the Contract itself, these “GENERAL CONDITIONS OF USE OF THE SERVICES”. Unless expressly provided otherwise, the introduction of any modification to the Service that makes it usable differently from its current form, as well as the release of new Services, will be subject to, and therefore governed by, the General Conditions.

3. Obligations of the Customer and limitation of the Company’s liability

Customer shall, at Customer’s sole cost and expense, procure, acquire, activate and install everything necessary to perform the IT Service provided by Company. By way of example, but not limited to, the appropriate device (personal computer, smart phone, tablet), telephone lines, telephone equipment and modem and/or router equipment, Internet access programs, subscriptions, equipment, etc. It is understood and agreed between the parties that in no event does the Company guarantee that the equipment and anything as set forth above and used by the Customer will be suitable to satisfy the Service offered by the Company and achieve its purposes.

The Company is in no way responsible for errors, loss or damage of any kind to the Customer’s data present on the Device, even if the data are not managed by the Service itself, or if their loss is the result of defects in the data loading processes or unforeseeable defects related to the Device.

Without prejudice to any mandatory legal provisions, the total liability of the Company in relation to this Contract shall not exceed the economic value of the latter, which shall be equal to the fee paid/due by the Customer in the last Order Form purchased.

4. Access to the Services – Obligations and responsibilities

The Services are provided exclusively following the granting of access to an account and the provision of the relative username and password provided by the Company.

The Customer accesses the Services using the URLs and the username and password received in the manner indicated by the Company. The Customer assumes all costs and responsibilities related to the use of the Service and the data stored in the archives. The Customer is obliged to keep the Password and User ID confidential, as they are strictly personal, non-transferable and are only used to access the services purchased. The Customer guarantees to take all the necessary security measures to prevent any inappropriate access to the Service by unauthorized third parties, remaining solely and exclusively responsible for any occurrence, theft, loss of username and password and consequent loss of confidentiality of the codes themselves, holding the Company free and harmless from any fact. The Customer assumes all burdens and responsibilities in case of disclosure of the username and password to third parties.

5. Use of services – obligations and responsibilities

The Customer may access and use the Software remotely by means of an electronic connection following an authentication procedure at the Internet address indicated by the Company. The Company has the right to modify the methods of access and use of the Service, also due to changes in telematic technologies, as well as due to changes in the technical characteristics of the application and basic software (operating systems and technological infrastructures).

The Customer guarantees that the use of the Services is in compliance with the law and regulations in force, such as labor, fiscal, privacy and security regulations. Therefore, no responsibility and/or exception can be raised by the Customer against the Company for any damages and/or events that may occur during the present provision of the Services covered by the Contract and that are directly and/or indirectly and/or in any case related to the violation and/or simple non-compliance of the contractual and legal obligations and conditions imposed on the Customer and/or in any case objectively not dependent on the Company itself.

6. Methods of delivery and availability of services

The Services, which can be used with a direct connection to the Internet, are available every day of the week and every hour, except for the moments when technical operations have to be carried out on the programs or data, such as maintenance, upgrading or rescue operations.

The Company reserves the right to suspend the Service in order to carry out maintenance operations, subject to a notification to be sent to the Customer by e-mail, and undertakes to restore the Service in the following working hours, except in cases of force majeure or for reasons beyond its control.

In any case, the Company can not be held responsible for interruptions or malfunctions of the Service not dependent on its will, such as, by way of example, the malfunction of telephone networks, electricity networks, providers, Internet network operators, international APP stores.

In no case will the Company be held responsible for delays and/or failures due to causes beyond its control and/or due to obligations arising from laws, regulations, orders, administrative provisions issued by any civil and/or military authority, state body and/or local, acts or omissions of the other party (and so by way of example but not limited to: fires, pandemics, floods, earthquakes, strikes, embargoes, wars, sabotage).

7. Assistance services

The Company undertakes to provide the Customer with the relevant scanning services for the fees indicated in the Order, subject to the conditions set out below.

The scanning services relate to the specific services/products listed on the Order Form, excluding a priori assistance related to other software installed on the Customer’s computer or hardware problems (not supplied by the Company).

8. Guarantees and responsibilities regarding the adequacy of services

The Customer declares that he has read and understood the Services and the Terms and Conditions and that he is solely responsible for verifying the adequacy and suitability of the Services provided by the Company with respect to his specific needs and intended use.

The use of the Services through the Web is authorized in the state in which they are found, without any guarantee that the functions included and described in the specifications meet the legal requirements or the needs of the Customer, or work in all hardware, software and management/business combinations that may be chosen for use by the Customer, who, before concluding this Contract, has fully verified and evaluated, under his own responsibility, the satisfaction of his needs.

9. Intellectual property rights

The Customer undertakes not to allow third parties to use or reproduce the Software in any way. It is therefore expressly forbidden for the Customer to show the programs to third parties and to allow their use, whether free of charge or against payment. The Customer undertakes not to transfer, lend, exhibit or describe to third parties the technical and functional characteristics of the Programs or any material, support or information relating thereto. The programs are provided in executable format only and may not be modified, much less encoded or decompiled. For the sole purpose of using the Service, the Company therefore grants the Customer a temporary, non-transferable and non-exclusive license to use the Software, on the understanding that the Customer may not (and may not permit any third party to) copy, modify, create a derivative work of, or in any way attempt to discover the source code of, sell, assign, sublicense, grant a security interest in or transfer any right in the Software to any third party, unless expressly authorized to do so. The Customer also undertakes not to access the Service through an interface other than that provided or authorized by the Company.

10. Fees

The fees for each type of Service governed by these Terms and Conditions are specified in the Offer and/or Order Form. In particular, the Services are provided by the Company in exchange for the purchase by the Customer of a certain number of Credits by paying the total amount indicated on the Order Form in the manner described therein.

In the event of the use of payment methods not authorized by the Company or in the event of improper payment, the Company shall be entitled to suspend the Customer’s access to the Service and/or terminate the Contract.

11. Duration and termination

The Contract will be valid for the period indicated on the Order Form at the time of acceptance and will be renewed only if the Customer purchases additional Credit Packages using the account already created. The account created by the Customer will be automatically cancelled 365 days after the last order placed if the Customer does not purchase additional credits.

12. Privacy information

Together with these general conditions, the privacy conditions available at https://www.omnivisix.com/privacy the  address are also considered accepted.

13. Applicable law and competent court

These general conditions and the relationship between the company and the client are governed by Austrian law. The Courts and Tribunals of Vienna shall have jurisdiction over any dispute arising out of, in relation to or in any way connected with these General Conditions or the use of the Service.

14. Miscellaneous

These General Conditions, together with the Order Form, constitute the sole and exclusive agreement between the Customer and the Company. Other contracts or regulations do not invalidate the provisions of these General Conditions that are not otherwise provided for or regulated.

If one or more provisions of these General Conditions are declared invalid by the competent judge, the parties agree that the judge shall in any case endeavor to maintain the effectiveness of the agreements between the parties as specified in this agreement, and the other General Conditions shall remain in full force and effect for all purposes.

15. Final provisions

Anything not expressly provided for in this contract shall be governed by the applicable regulations

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