Terms and Conditions of use
1. Acceptance of the terms & conditions of use
THESE TERMS & CONDITIONS OF USE (HEREINAFTER "TCU") GOVERN THE RELATIONSHIP BETWEEN Eryma SAS (HEREINAFTER "Eryma”) AND THE USER (HEREINAFTER “USER”) WHO USES THE PRODUCTS, SOFTWARE, SERVICES AND WEBSITES OF Eryma (COLLECTIVELY REFERRED TO AS THE "SERVICE").
2. Eryma Licence
Eryma grants USER a personal, non-transferrable, non-exclusive licence and limited right to use the Service provided by Eryma in the context of this TCU.
It is expressly forbidden for USER, or any third party authorised by USER, to copy, modify, create a derivative product, dismantle, effect reverse engineering, decompile or otherwise attempt to extract the source code of any or part of the Service.
USER is not authorised to sell, resell, trade, rent or sub-license his right to use the Service.
USER agrees not to reproduce, duplicate, copy, sell, trade or resell the Service for any purposes whatsoever.
3. Duty of USER
USER must assure confidentiality of all access data (username and password) to the Service and protect them from any abusive use by unauthorised persons. USER shall bear all risks arising from the disclosure of his access data or those of his representatives.
USER bears all the consequences arising from the use (including abusive use) of his access data or those of his representatives, including possible damages suffered by Eryma. In particular, USER is responsible for all activity carried out on his account.
USER agrees to use the Service solely for purposes authorised by the TCU and by the relevant legal requirements.
USER is not authorised to access (or attempt to access) the Service, or any part of it, by any means other than via the interface provided by Eryma.
USER agrees not to engage in any activity that interferes with or disrupts the Service.
USER is solely responsible for backing up his data including the video content available on or through the Service.
USER is liable for all use of the Service taking place on his account, even by unauthorised third parties. In particular, USER is liable for the data recorded on the Service as well as the data exported from the Service, whether by USER or a third party.
USER must use the services in accordance with all applicable laws and regulations in particular data protection and video surveillance regulations. Eryma explicitly disclaims any liability in this regard.
USER will not use the provided Service to commit or facilitate criminal acts. USER must take appropriate and necessary measures to prevent any criminal use of the Service.
USER is liable for any breach of obligations under this TCU and for the consequences thereof including any loss or damage suffered by Eryma, affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors.
4. Duty of Eryma
Eryma shall use reasonable skill and due care in providing the Service and implement the technologies needed to ensure quality and availability of the Service.
Eryma does not guarantee that USER will be able to connect to the Service at all times.
Eryma will interrupt the access to the Service to assure service maintenance in order to update or correct the Service, to deploy security patches and for maintenance.
Eryma may use third parties to provide the Service.
5. Data protection
ALL DATA COLLECTED BY Eryma WILL BE USED AND PROCESSED WITHIN THE FRAMEWORK OF THE CURRENT DATA PROTECTION REGULATION OF SWITZERLAND.
USER EXPRESSLY AGREES THAT HIS DATA INCLUDING HIS PERSONAL DATA WILL BE STORED AND THAT Eryma MAY USE THE STORED DATA ANONYMOUSLY TO ENHANCE THE QUALITY OF THE SERVICE. THE PERSONAL DATA OF USER WILL NOT BE TRANSFERRED TO THIRD PARTIES UNLESS:
- Eryma HAS THE CONSENT OF USER TO DO SO,
- THE THIRD PARTY IS A SUBCONTRACTOR OR A MEMBER OF THE GROUP OF COMPANIES OF Eryma, WHO IS PROCESSING PERSONAL DATA ON HER BEHALF SECURELY AND IN ACCORDANCE WITH HER INSTRUCTIONS OR,
- IT IS OTHERWISE AUTHORISED UNDER THE SWISS DATA PROTECTION ACT.
USER MUST USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS IN PARTICULAR DATA PROTECTION AND VIDEO SURVEILLANCE REGULATIONS. Eryma EXPLICITLY DISCLAIMS ANY LIABILITY IN THIS REGARD.
USER WILL NOT USE THE PROVIDED SERVICE TO COMMIT OR FACILITATE CRIMINAL ACTS. USER MUST TAKE APPROPRIATE AND NECESSARY MEASURES TO PREVENT ANY CRIMINAL USE OF THE SERVICE.
USER IS LIABLE FOR ANY BREACH OF OBLIGATIONS UNDER THIS TCU AND FOR THE CONSEQUENCES THEREOF INCLUDING ANY LOSS OR DAMAGE SUFFERED BY Eryma, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS.
6. Intellectual Property rights
USER acknowledges and agrees that Eryma is the sole owner of all intellectual property rights, title, and interest in IP rights or to any works made, conceived, or developed by Eryma’s employees, affiliates or contractors, and all IP Rights acquired by Eryma or otherwise owned by Eryma relating to the Service or any modifications pursuant to the performance of the Service. User has not IP rights with regard to the Service.
USER acknowledges and agrees that he will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this TCU. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in this TCU. USER agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and USER will not use the Service in any unauthorized way whatsoever
Nothing in the TCU gives USER the right to use the trade names, trademarks, service marks, logos, domain names or any other distinctive signs of the Service or Eryma and its affiliates.
7. Disclaimer of warranties
Eryma SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE.
Eryma DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME Eryma MAY REMOVE THE SERVICE FOR INDEFINTE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THIS TCU.
Eryma DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Eryma DISCLAIMS ANY LIABILITY RELATING THERETO.
8. Limitation of liability
Eryma SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) Eryma’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) Eryma’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
USERS AGREES THAT Eryma AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF Eryma HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
User shall defend, indemnify and hold harmless Eryma from and against any and all third party claims, demands, suits, actions, losses, penalties, damages (whether actual, punitive, consequential or otherwise), authorized settlements, and all other liabilities and associated costs and expenses, including attorney’s fees, expert’s fees, costs of investigation and other costs of litigation, arising out of or relating to (i) User’s breach of any provision of this TCU; (ii) any negligent, grossly negligent or intentional acts, errors or omissions by User or its representatives, except to the extent caused by the gross negligence or willful misconduct of Eryma or (iii) strict liability or products liability with respect to or in connection with the Service; or (iv) the actual or alleged infringement or misappropriation of patent, copyright, trademark, trade secret rights, confidential information, proprietary rights, or other rights of a third party.
10. Term and Termination
Eryma can terminate the Service provided to USER immediately by written notice if:
- USER in not accepting this TCU, violates this TCU or is in default of payment, insolvent, declared bankrupt or subject to debt restructuring;
- USER makes any false representation, report or claim in connection with this TCU and the Service;
- USER violates or is suspected to violate applicable international, national, regional and local laws and regulation, in particular data protection and video surveillance regulation.
- USER engages or is suspected to engage in fraud, criminal conduct or willful misconduct;
- A third party with whom Eryma provides the Service ends its relationship with Eryma or ceases to provide an important element for the Service;
- Eryma is required by law, an authority or a court to do so.
11. Modification of the Terms & Conditions of use
Eryma RESERVES ITS RIGHT TO MODIFY AT ANY TIME THIS TCU. THE MODIFIED TCU ENTERS INTO FORCE IMMEDIATELY WHEN USER LOGS INTO THE SERVICE AND ACCEPTS THE MODIFIED TCU.
USER acknowledges that if Eryma fails to exercise or waives a right or remedy foreseen by this TCU (or to which Eryma may be entitled in virtue of applicable legislation) this will not be considered as a waiver by Eryma of the right or remedy in question. These rights and remedies will remain available in the future.
13. Severability Clause
If any part of this TCU is held invalid or unenforceable, that part will be construed in a manner consistent with applicable law, to reflect, as nearly as possible, the original intentions of this TCU, and the remaining parts of this TCU will remain in full force and effect and will continue to be binding and enforceable.
14. Applicable Law
THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED, ENFORCED AND GOVERNED IN ACCORDANCE WITH SUBSTANTIVE COUNTRY LAW WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPLICITLY EXCLUDED.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN RELATION TO THIS TCU, INCLUDING THE VALIDITY, INVALIDITY, BREACH OR TERMINATION THEREOF SHALL BE SETTLED BY THE COURT IN REGISTERED OFFICE Eryma.
Eryma, Lanester, 28.02.2017