“EYESON” means the services and products as described below (including all applications) and/or the provider of such services and products, VisoCon GmbH, FN 344239i, Plüddemanngasse 106, 8042 Graz, Austria. VisoCons passion is to become the worldwide leading supplier for innovative video technology and build revolutionary/innovative solutions to exploit potentials in the global communication and collaboration. Simply seamless secure – VisoCon integrates videoconferencing into processes of customers.
General Terms and Conditions for the use of the EYESON
The EYESON products and services are rendered via websites (e.g: www.eyeson.solutions ) a number of different sub-domains and domain aliases, and via mobile applications (“apps”), background applications, web services and third-party-site integrations (e.g. www.eyesonxing.com). All websites, sub-domains, aliases, applications, mobile applications, background applications, web services and third-party-site integrations provided by EYESON and/or VisoCon and where EYESON is available are hereinafter referred to as “EYESON sites”.
The EYESON services include applications, in particular videoconferencing and communication forums for which the user can obtain membership and access. Some of the EYESON applications may appear under other brand names or by using other EYESON sites.
These General Terms and Conditions for the use of the EYESON services govern and apply on the contractual relationship between the user and EYESON, irrespective of which EYESON sites or applications the User visits or uses to utilize EYESON services.
Additional terms may also apply to the use of individual applications in addition to these General Terms and Conditions for using the EYESON services. In the event of an objection, the additional terms and conditions for the use of the respective application shall take precedence over these General Terms and Conditions for the use of the EYESON services, provided such precedence is not excluded in the additional terms for the use of the respective application.
The General Terms and Conditions for the use of the EYESON services and any additional terms for the use of additional individual applications are hereinafter referred to as “Terms”.
The contract of the User is entered and concluded with VisoCon GmbH, FN 344239i, Plüddemanngasse 106, 8042 Graz, Austria. Further contact details, commercial register details as well as the name of persons authorised to represent VisoCon GmbH can be found in the Imprint Section of this Site.
The use and access to the website and products and services and associated software (EYESON services) of EYESON is conditioned upon user’s compliance and acceptance of the Terms. By clicking or checking the „I agree“ button or box, accessing EYESON sites or by utilizing EYESON products and/or services User agrees to be bound by the Terms. EYESON are not available to persons who are not legally eligible to be bound by the Terms.
Any software associated with EYESON and EYESON sites is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. Subject and basis for using EYESON
1.1 EYESON is a service providing applications for videoconferencing.
1.2 The videoconferencing is the core application of the EYESON service. A user account created by the user on EYESON sites (hereinafter referred to as “user account”) represents the identity of the user within the EYESON services, on EYESON sites, and in the service’s applications. In order to use EYESON, the user requires a user account that is visible on the EYESON services. There may in addition be certain applications of the EYESON services where the user does not appear and is not displayed with the user account. Registration with the EYESON services is, however, always required.
EYESON will provide its products and services in accordance with the Terms. In order to use certain products and services user may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific products and services which user chooses to use, those additional terms are hereby incorporated into these Terms in relation to the use of that product and/or service. EYESON may at its sole discretion, discontinue products and services or modify the features of the products and services from time to time. Use of the products and services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the products and services involves hardware, software, and Internet access, user’s ability to use such products and services may be affected by the performance of these factors. High speed Internet access is recommended. User acknowledges and agrees that such system requirements, which may be changed from time to time, are his individual responsibility.
1.3 A user who registers with the EYESON services initially becomes a free member of the EYESON sites (hereinafter referred to as “free membership”).
1.4 The user has the option of switching its free membership to a paid membership on the EYESON sites (paid membership is hereinafter referred to as “Premium membership”). In contrast to free membership, Premium membership provides a number of additional and advanced features. Depending on the user’s choice of payment method for the Premium membership as offered by EYESON, the specific provisions as laid out in Section 6 shall apply. Free membership and Premium membership will hereinafter be collectively referred to as “EYESON membership”.
1.5 If EYESON offers the user the option to book one or more free or paid third-party supplementary services, the user shall enter into separate agreements with the respective third party that have no legal connection to the user’s EYESON membership. The amendment, discontinuation, other termination or exchange of such third-party services or any default of performance thereof in relations between the user and third party does not have any impact on the contractual relationship between EYESON and the user in terms of the user’s EYESON membership. The terms and conditions and privacy policies of the respective third parties, who are also the contractual and contact partners of the user, apply to all third-party supplementary services.
2. Conditions of use, conclusion of contract and warranties upon conclusion of contract
2.1 EYESON products and services may be used for internal business or consumer purposes only. User will not reproduce, resell, or distribute such products and services or any reports or data generated by them for any purpose unless User have been specifically permitted to do so under a separate agreement with EYESON. User will not offer or enable any third parties to use the products and services purchased by User, display on any website or otherwise publish the products and services or any content obtained from a product and service (other than content created by the user himself) or otherwise generate income from the products and services or use the products and services for the development, production or marketing of a service or product substantially similar to the EYESON products and services. User shall not engage in any activity or use the products and services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the products and services, or any servers or networks connected to them or EYESON’s security systems.
2.2 The option to use applications offered on the EYESON sites or other EYESON services and products does not constitute an offer, but merely an invitation to issue an offer. By completing the booking process, the user consents to enter into the agreement to use the corresponding EYESON application. EYESON in turn accepts the user’s consent by rendering the corresponding services. The agreement takes effect upon the aforementioned acceptance by EYESON. EYESON is not obliged to enter into the agreement. By using paid services, the user accepts the related payment obligation and, depending on the choice of payment method by clicking on the confirmation button which is displayed in such cases.
2.3 The user warrants and represents that all of the data they provide is accurate and complete. The user is obliged to ensure that the data for all of the applications they use is accurate and complete for the entire duration of the agreement.
2.4 The user warrants that they are of legal age. In the event that the user acts on behalf of a legal person for certain applications, the user warrants that they are authorised to act in the name of the legal person. Upon request, the user shall submit proof thereof.
2.5 It is technically impossible for EYESON to determine with certainty whether any user registered on the EYESON sites is in fact the person he or she claims to be. Therefore, EYESON assumes no liability for the actual identity of a user.
2.6 In order to acquire EYESON membership, the user must register on the platform and select a password.
2.7 The user is obliged to keep this password secret. EYESON shall not disclose the password to any third party, shall only use it during the login process, and shall not ask for the user’s password at any time other than during the login process. For security reasons and to prevent misuse, the user is recommended to change its password at regular intervals. The user is solely responsible for safeguarding and storing its EYESON member account login details (username and password).
3. Right of withdrawal for consumers
Instructions on withdrawal and model withdrawal form
3.1 The user has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion.
3.2 To exercise the right of withdrawal, the user must inform us of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail).
3.3 To meet the withdrawal deadline, it is sufficient for the user to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
3.4 If the user withdraws from this contract, we shall reimburse to the user all payments received from the user, without undue delay and in any event not later than 14 days from the day on which we are informed about the user decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the user used for the initial transaction, unless the user has expressly agreed otherwise; in any event, the user will not incur any fees as a result of such reimbursement.
3.5 If the user requested to begin the performance of services during the withdrawal period, the user shall pay us an amount which is in proportion to what has been provided until the user has communicated us the user withdrawal from this contract, in comparison with the full coverage of the contract.
Exclusion of right of cancellation:
3.6 The right of cancellation does not exist if, when entering into a legal transaction, the user predominantly acts in exercise of his trade, business or profession and are therefore deemed to be an entrepreneur according Austrian Commercial Code (UGB).
Other additional information:
3.7 The user expressly agrees that we will start to render the service before the end of the cancellation period.
4. General obligations of the user and special provisions for using the services
4.1 The user is obliged
(a) to provide only true and non-misleading statements along with its real name, and to refrain from using pseudonyms or pen names,
(b) to comply with all applicable legislation and respect all third-party rights when using EYESON and the content served on EYESON sites. In particular, the user shall not use any insulting or defamatory contents, regardless of whether said contents are directed at another user or EYESON personnel or other companies, use any pornographic, abusive, immoral or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors,
unreasonably annoy, particularly with spam, any other user, use without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law, or use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales.
5. Changes to services and Terms
Changes to services
5.1 EYESON reserves the right to modify the services offered on the EYESON sites or to offer services different from those offered at the time of the user’s registration at any time.
5.2 EYESON furthermore reserves the right to modify the services offered on the EYESON sites or to offer services different from those offered at the time of the user’s registration at any time
(a) to the extent EYESON is obliged to ensure the services that they offer are in compliance with legislation incumbent upon the services, particularly in the event of a change to said legislation,
(b) to the extent EYESON is therefore deemed to have complied with a legal judgement or decision by the authorities,
(c) to the extent the respective modification is required to eliminate any existing security gaps,
(d) if the modification is only beneficial to the user, or
(e) if the modification is of a purely technical or process-related nature without any material impact on the user.
5.3 Modifications that only have a minor impact on EYESON’s functionality do not represent changes to the services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
Changes to Terms
5.4 EYESON reserves the right to amend these Terms at any time, without giving reasons, unless an amendment is unreasonable to the user. EYESON shall give due notice to the user regarding amendments to these Terms. If the user does not object to the validity of the revised Terms within six (6) weeks of receipt of said notice, the amended Terms shall be deemed accepted by the user. In its notice, EYESON shall inform the user about the user’s right to object and the importance of the objection deadline.
5.5 EYESON also reserves the right to modify the Terms
(a) if the modification is only beneficial to the user,
(b) if the modification is of a purely technical or process-related nature without any material impact for the user,
(a) to the extent EYESON is obliged to ensure the Terms comply with legislation incumbent thereon, particularly in the event of a change to said legislation,
(d) to the extent EYESON is therefore deemed to have complied with a legal judgement or decision by the authorities, or
EYESON shall notify users of changes to its Terms, e.g. via the EYESON sites.
6. Fees, billing, invoicing, payment terms
6.1 The user can settle invoices using the payment methods offered by EYESON. If EYESON is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs EYESON incurs as a result thereof, including bank charges related to any debit entries or similar charges, insofar as the user is responsible for the event that triggers these costs.
6.2 EYESON is permitted to only send invoices and payment reminders electronically.
6.3 Provided the user does not object, EYESON reserves the right to switch invoices from euros to the user’s respective local currency at any time.
6.4 Premium membership fees are due immediately for the full term.
EYESON pricing models in premium membership can be found under www.eyeson.solutions.
7. Term, termination of contract, sanctions, reimbursement of advance payments
7.1 Unless specifically precluded by separate terms and conditions regarding the term and termination of individual applications or EYESON memberships, the contractual relationship may be terminated by either party at any time.
7.2 EYESON and the user may terminate free membership at any time without cause.
7.3 Premium membership shall run for the initial term selected by the user during the upgrade process. After this term, the Premium membership will be renewed by a term of the same length as the initial term, unless terminated in due time by the user or EYESON. The user and EYESON may each terminate Premium membership without cause to the end of the initial term selected by the user during registration process, or to the end of any renewal period after said minimum term expires, by serving notice of three (3) weeks via the contact form, letter, fax or e-mail. If Premium membership has been terminated, the user is entitled to retain free membership until this membership is terminated, meaning that the additional and advanced Premium membership features will no longer be available.
Cancellation and suspension for good cause
7.4 Even if separate terms and conditions regarding term and cancellation are in place, both parties are entitled to immediate extraordinary termination for good cause at any time. Extraordinary termination for good cause is defined as an event which makes it unacceptable for the terminating party to continue the agreement until the end of the termination period, taking into account all circumstances of the individual case and weighing up the interests of both parties. A good cause for EYESON includes any of the following events:
If the user fails to comply with any applicable legal provisions
If the user breaches a contractual obligation
7.5 The user’s right to claim reimbursement of any advance payments upon termination shall be excluded unless the user has terminated the agreement for good cause attributable to EYESON. In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
If EYESON has terminated the contract for good cause
8. Responsibility for the user’s content, data and/or other information, availability
8.1 EYESON does not accept any responsibility for any content, data and/or information provided or made available by users of the EYESON Websites on any external websites linked to them. In particular, EYESON does not warrant that said data and/or information is true or accurate, nor that it fulfils or serves any particular purpose.
8.2 The user may report any activities of any other user which violate applicable laws and/or any of these contractual terms.
8.3 EYESON merely provides the user with a platform and technology and is not involved in the content of communication between users. If users enter into agreements with one another via EYESON sites, EYESON shall not be a contracting party to said agreements. Users are solely responsible for the execution and/or fulfilment of agreements they enter into with one another. EYESON shall not be liable for breaches of duty in relation to agreements entered into between users.
8.4 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the EYESON sites. EYESON shall nonetheless endeavour to keep EYESON sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond EYESON’s control (e.g. disruptions to public communications networks, power failures, etc.), may result in malfunctions of or temporary interruptions to the service provided on EYESON sites.
9. Trademarks of EYESON
9.1 EYESON and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Products and in all trade names, trademarks, service marks, logos, and domain names (“EYESON Marks”) associated or displayed with the Products. User may not frame or utilize framing techniques to enclose any EYESON Marks, or other proprietary information (including images, text, page layout, or form) of EYESON without express written consent. User may not use any meta tags or any other “hidden text” utilizing EYESON Marks without EYESON’s express written consent.
10.1 User may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. EYESON may deny access to the Products to any User who is alleged to infringe another party’s copyright.
11. Liability of EYESON
11.1 EYESON shall be liable without limitation for damages resulting from injury to life, limb or health which occur due to a breach of duty by EYESON or one of its legal representatives or vicarious agents. EYESON shall also be liable without limitation for damages owing to a lack of a characteristic warranted by EYESON or due to malicious conduct by EYESON. In addition, EYESON shall be liable without limitation for damages due to intent or gross negligence by EYESON or one of its legal representatives or vicarious agents.
11.2 Apart from the cases set out in sections 8.1 and 8.3, EYESON’s liability shall be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of EYESON is fully excluded.
11.3 Liability pursuant to the Austrian Product Liability Act shall remain unaffected.
12. Data protection
12.1 Personal data is only collected, processed and/or used if the user grants consent to do so or if permitted by law. EYESON uses personal data to the extent permitted by law, in particular to fulfil its contractual obligations vis-à-vis users. EYESON provides the user with a range of customised services based on collected data. In order to render these services, EYESON needs to process and use the user’s personal data.
12.2 The user accepts that messages and data that are posted into the chat or uploaded to EYESON will be stored permanently and is visible to other users.
13. Applicable law, place of jurisdiction, miscellaneous
13.1 EYESON is permitted to commission sub-contractors, but remains responsible for fulfilling its duties.
13.2 EYESON is permitted to transfer rights and duties to third parties, in whole or in part.
13.4 Unless otherwise governed by these Terms, EYESON may send notices to the user by e-mail, fax or letter.
13.5 The place of performance under these Terms shall be VisoCon GmbH’ main place of business.
13.6 Place of jurisdiction for merchants within the scope of the Austrian Commercial Code (UGB) shall be the main place of business of VisoCon GmbH.
13.7 These Terms and the contractual relationship shall be governed by Austrian law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Austrian law.