Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the IrisVision.com website and the IrisVision Software and device (collectively, or individually, the “Service”) operated by IrisVision Global, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
- the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
User Data and Privacy
Electronic Communications, Transactions, and Signatures
Utilizing the Service in any capacity, sending IrisVision Global, Inc. or any agent thereof emails or other communications, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY IrisVision Global, Inc. OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) or as otherwise described in your contract or the Service.
At the end of each Billing Cycle, your Subscription may automatically renew under the exact same conditions unless you cancel it or we. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide IrisVision Global, Inc. or its chosen payment processor with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize IrisVision Global, Inc. or its payment processor to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may end your subscription at any time with or without notice, and for any reason whatsoever, including violations of these Terms and Conditions. In some cases, failure of your device to connect with our servers for a period of time may result in the suspension or termination of Services
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered on a case-by-case basis and granted in sole discretion of IrisVision Global, Inc.. In most, but not all cases, you will be issues a prorated refund or credit for unused Services at the discretion of IrisVision Global, Inc. A refund may be withheld for any reason, including your misuse of the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you allow a minor to utilize your account or the Service, you must monitor and approve such usage. No unsupervised use by a minor is permitted.
The Service and its original content, features and functionality are and will remain the exclusive property of IrisVision Global, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IrisVision Global, Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by IrisVision Global, Inc.
IrisVision Global, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that IrisVision Global, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination and Cancellation
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at firstname.lastname@example.org or call us at +1 (855) 449 4536.
All provisions of the Terms which by their nature should survive termination or cancellation shall survive termination or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents and nature of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Certain portions of the Service (e.g. the IrisVision headset) may come with an express limited warranty, generally in effect for one year and covering material flaws and defects in workmanship.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, or database, or directory without written permission from us.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means of under false pretenses.
- Using a buying agent or purchasing agent to make purchases through or in relation to the Service.
- Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Service.
- Trick, defraud, or mislead IrisVision Global, Inc. and its Service users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Service, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Attempt to impersonate another user or use the username of another user.
- Sell or otherwise transfer your account.
- Use any information obtained from the Service in order to harass, abuse, or harm another entity.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating revenue or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Service.
- Attempt to bypass any of the measures of the Service designed to prevent or restrict to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten employees or agents engaged in providing any portion of the Service to you.
- Delete the copyright or other proprietary rights notice from any content.
- Copy or adapt the Service’s code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in IrisVision Global, Inc’s. opinion, IrisVision Global, Inc. and/or the Service.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites. As such, and Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms and Conditions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by IrisVision Global, Inc.).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to IrisVision Global, Inc. an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,fully paid,worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
IrisVision Global, Inc. does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. IrisVision Global, Inc. is not liable for any statements or representations in your Contributions provided by you to the Service. You are solely responsible for your Contributions to the Service and you expressly agree to exonerate IrisVision Global, Inc. from any and all responsibility and to refrain from any legal action against IrisVision Global, Inc. regarding your Contributions.
IrisVision Global, Inc. has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations on the Service; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You agree to defend, indemnify and hold harmless IrisVision Global, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall IrisVision Global, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Under no theory of liability nor due to any claim of any type whatsoever shall the liability of IrisVision Global, Inc. or that of its directors, employees, partners, agents, suppliers, or affiliates exceed the amount paid to IrisVision Global, Inc. by the aggrieved party for the Services.
Your use of the Service is at your sole risk. Except as explicitly stated otherwise, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
IrisVision Global, Inc. its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components;
- or the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Disputes, Binding Arbitration, and Waiver of Class Action Rights
ANY DISPUTES RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE OR USE OF THE SERVICE SHOULD BE BROUGHT TO THE ATTENTION OF IrisVision Global, Inc. PRIOR TO THE FILING OF ANY CAUSE OF ACTION ANYWHERE IN ANY WAY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All claims and disputes arising under or relating to this Agreement are to be settled by individual and binding arbitration in the state of California, County of Alameda, or another location mutually agreeable to the parties. If Alameda County is not a viable or legal option for the location of dispute resolution, and no other location is agreed upon by the parties, the appropriate location closest to Alameda County, California shall be chosen.
The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ and accountants’ fees. Any such arbitration shall be conducted by an arbitrator experienced in technology law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
UNLESS EXPLICITLY AGREED TO OTHERWISE BY IrisVision Global, Inc., YOU WAIVE ANY AND ALL RIGHTS TO BRING OR BE PART OF A CLASS ACTION SUIT AGAINST IrisVision Global, Inc., OR ITS EMPLOYEES, OWNERS, AGENTS, AND RELATED PARTIES, ARISING OUT OF ANY USE OF THE SERVICE BY ANY PERSON OR ENTITY, AND MUST SETTLE ALL CLAIMS VIA INDIVIDUAL BINDING ARBITRATION PROCEEDING AS DESCRIBED ABOVE.
California Residents and Users
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 4451254.
Errors and Omissions
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
IrisVision Global, Inc.’s failure to act on or enforce any provision herein shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
The section headings of these Terms and Conditions are provided merely for convenience and shall not be given any legal import.
Successors and Assigns
This Agreement between you and the Company will inure to the benefit of our successors, assigns, licensees, and sublicensees. You may not assign or license your agreed upon use of the Service without the prior written consent of IrisVision Global, Inc..
Potential Geographic Restrictions on Export and Use
You may only use and/or access the Service in a location where such use and/or access is legal, and then only in legal manners. All other access or use is forbidden. You understand and agree that it is entirely your responsibility to determine what constitutes legal access and use in your jurisdiction.
The Service and other portions of the Platform may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
US Government Users
The Service includes commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
IrisVision Global, Inc. reserve the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material in nature a notice of such change shall be provide at least 30 days notice prior to any new terms taking effect, barring a situation where an immediately needed material change is required. What constitutes a material and/or immediately needed change will be determined at IrisVision Global Inc.’s sole discretion.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us:
5994 W. Las Positas Blvd Suite 219
Pleasanton, CA 94588
Phone: (855) 207-6665
IrisVision, Global is the owner of patent 10,444,833