1. Acceptance of Terms
These Terms & Conditions ("Terms") apply to all purchases, leases, downloads, and uses of hardware devices, software solutions, data models, mobile and web applications, white-label solutions, and other products and services (collectively, the "Products") offered by PeriVision Ltd. By accessing and using PeriVision’s products, software, services, mobile and web applications, you agree to comply with and be bound by these Terms & Conditions. If you do not agree to these terms, please refrain from using our products and services.
2. Offer and Acceptance
PeriVision's quotations and offers are subject to change and are non-binding. A contract will only be concluded when we issue a written invoice, an order confirmation, or carry out the delivery.
3. Registration
Some sections of our services may require registration. By registering, users agree to provide accurate and current information, and to promptly update this information if any changes occur.
4. Advice
Any advice rendered by PeriVision is given to the best of our knowledge. Any advice and information with respect to suitability and feasibility and application of the products and software solutions shall not relieve the Customer from undertaking his own investigations and tests.
5. Licenses and Restrictions
All software components, including mobile and web applications, are licensed, not sold. Upon acquisition, you are granted a non-transferable, non-exclusive license to use the software for its intended purpose. Unauthorized reproduction, modification, reverse engineering, or distribution of any software or application provided by PeriVision is prohibited. The use of our products and services is strictly for lawful purposes. Users may not use our products to decipher, decompile, disassemble, reverse engineer, or attempt to derive any source code from our services.
6. Intellectual Property
All content, trademarks, services marks, trade names, logos, and icons are proprietary to PeriVision. Nothing contained on the platform should be construed as granting any license or right to use any trademark displayed on this platform without the written permission of PeriVision.
7. Availability
While PeriVision strives to ensure the applications are available 24/7, there may be times when they are unavailable due to maintenance or other unforeseen circumstances. PeriVision does not guarantee uninterrupted or error-free access to its applications and shall not be liable for any downtime experienced.
8. Updates
PeriVision may release updates for its software from time to time. Users are encouraged to always use the latest version for the best experience. While updates are meant to improve the application, PeriVision cannot guarantee that every update will be compatible with all hardware or software combinations.
9. User Data
Users are responsible for all data they input or upload to the mobile and web applications. While PeriVision takes measures to ensure the security and confidentiality of this data, users should always keep backups of their important information.
10. Third-party Integration
Some features may depend on third-party services or platforms. PeriVision is not responsible for any malfunction, non-compatibility, or downtime of such third-party services.
11. Restrictions
Users are prohibited from: (i) exploiting any part of the applications for commercial purposes without express consent from PeriVision; (ii) conducting any activities that may harm or disrupt the servers or networks connected to the applications.
12. Liabilities
PeriVision shall not be held liable for any direct, indirect, consequential, or other damages resulting from the use or inability to use the software. This includes but is not limited to data loss, financial loss, or disruption in service.
13. Currency
All prices are in CHF (Swiss Franc) and exclusive of any taxes or duties unless otherwise stated.
14. Payment Terms
Unless expressly agreed in writing, all orders and services availed from PeriVision require advanced payment. Payment for Products must be made via methods specified in the order invoice.
15. Payment default
Failure to pay the fees by the due date constitutes a fundamental breach of contractual obligations. In the event of a default in payment by the Customer, PeriVision is entitled to cancel, stop, or suspend access to our Products.
16. Taxes
Any applicable taxes, duties, or additional charges related to the transaction will be borne by the customer unless otherwise specified by PeriVision.
17. Shipping and Handling
Unless otherwise agreed by the customer and PeriVision, delivery of the hardware shall be made in accordance with the order.
18. Delivery Time
While PeriVision endeavors to dispatch products as soon as possible, the estimated delivery time provided at the time of order is an approximation. PeriVision will not be liable for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery. We are entitled to make partial deliveries, unless a partial delivery is unreasonable for the customer.
19. Packaging
Devices will be packaged in accordance with industry standards to ensure they are protected during transit.
20. Delivery Confirmation
Upon receiving the package, customers may be required to sign a delivery confirmation. Failure to do so may absolve PeriVision from any liability for lost or stolen items. In the case that the customer does not accept the goods at the agreed place of delivery or refuses to accept the goods, we shall be entitled to store the goods at the customer’s expense and to claim damages for delay and/or storage costs.
21. International Shipping
For deliveries outside of Switzerland, customers are responsible for import duties, fees, and taxes.
22. Inspection upon Receipt
Customers are urged to inspect the device immediately upon receipt. Any visible damage or defects should be reported to PeriVision within 7 days of delivery.
23. Claims
Damage claims reported after the specified period may not be honored. When reporting a damage claim, the customer must provide evidence of the said damage (e.g., photos) and any other relevant information requested by PeriVision.
24. Storage
The customer shall store the hardware device properly and in accordance with PeriVision’s instructions.
25. Warranty
Devices come with a manufacturer's warranty, the specifics of which will be provided with the product. This warranty primarily covers manufacturing defects and does not cover damage resulting from misuse, neglect, accidents, modification, or repairs not authorized by PeriVision. In no event shall PeriVision have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of normal wear and tear, accident, disaster or event of force majeure, misuse, fault or negligence of or by the Customer, use of the Products in a manner for which they were not designed, causes external to the Products such as, but not limited to, power failure or electrical power surges, improper storage and handling of the Products or use of the Products in combination with equipment or software not supplied by PeriVision.
26. Liability
PeriVision's liability for damaged or defective devices is limited to the repair, replacement, or refund of the device at PeriVision's discretion. PeriVision shall not be liable for any consequential, indirect, or incidental damages, including but not limited to loss of profits, data, or other losses resulting from the use of the device.
27. Returns
Any returns must be authorized by PeriVision and may be subject to restocking fees. Devices must be returned in their original packaging with all accessories and documentation.
28. Collection of Data
PeriVision may collect and store personal data that you provide to us when using our Products. This data may include, but is not limited to, your name, email address, postal address, phone number, company name, job title, and any other information you provide voluntarily.
29. Use of Data
The data collected is used to facilitate the delivery of our Products and services, process transactions, communicate with you about orders, products, services, and promotional offers, update our records, and generally maintain your accounts with us. We also use this data to improve our platform, prevent or detect fraud or abuses of our website and applications, and enable third parties to carry out technical, logistical, or other functions on our behalf.
30. Data Sharing
PeriVision will not sell or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
The service interval is 12 months. The time of service is determined by mutual agreement. Customer has to name a contact person or a maintenance point for service and repair purposes to PeriVision. Furthermore, the person should serve as “1st level support” in the event of technical problems. It is strongly recommended that this person has access to a computer with a remote maintenance system (e.g. TeamViewer). This person can be identical to the "super user".
The service ensures that the device remains ready at all time for use. All parts that are subject to normal wear and tear or aging are replaced or calibrated free of charge.
Parts that are damaged by improper handling of the Contract Products and which therefore have to be replaced at the expense of the Customer.
The duration of the service is normally 1 day. No claims can be derived should the service take longer. The effort of the service technician is at the expense of PeriVision.
If it is found during the service, that parts need to be repaired or replaced which are not included in the scope of the usual service, PeriVision will submit a corresponding offer to Customer.