Terms and Conditions

Effective since 11/16/2019

Cookie Policy

Let's bake some cookies.

Who We Are and Why You Are Here

We are a commercial company called Iterait a.s., ID No. 074 05 821, incorporated and existing under the laws of the Czech Republic. Our legal address is Hybernská 1023/5, 110 00 Prague 1, Czech Republic; we’re registered in the commercial register kept by the Municipal Court in Prague under file No. B 23719.

We operate the website https://www.iterait.com/ and https://www.vividi.io (and any subdomains thereof). Since we use cookies on our website to analyze traffic and to personalize content and ads, we prepared this Cookie Policy to help you understand what cookies are and how we use them (and also to comply with applicable law).

If you are uncomfortable with anything you read in this Cookie Policy, we must ask you not to use our website, to delete any cookies already stored therefrom, and/or to change the settings of your web browser to disable the storing of any cookies from our website.

For further information on how we collect, process, store, and keep secure your personal data, please refer to the privacy policies available on our website.

What are cookies?

Cookies are small text files that are downloaded to your device by websites you visit. They allow websites to recognize your device and store certain information, such as your location and past actions.

There are different types of cookies. Some cookies may be stored on your device till their expiration date, unless you delete them earlier (“persistent cookies”), and some may expire at the end of your browsing session, when your web browser is closed (“session cookies”). Some cookies may come directly from the web server of our website (“first-party cookies”), and some are stored by a different domain (“third-party cookies”).

You can find more information about cookies at www.allaboutcookies.org.

What cookies do you use?

The cookies we use do not grant us any access to your computer. These cookies are not viruses or spyware and are not built to damage your device. We use both persistent and session cookies, as well as both first-party and third-party cookies on our website.

We have listed the cookies that we use on our website, what each cookie is used for, and how long each is retained below:

Statistics Cookies

(to help us understand how visitors interact with our website by collecting anonymous information)

NamePurposeTypeExpiration
_gaThis Google Analytics cookie is used to register a unique ID that is used to generate statistical data on how the visitor uses our website.First-party
Persistent
700 days
_gidThis Google Analytics cookie is used to register a unique ID that is used to generate statistical data on how the visitor uses our website.First-party
Persistent
1 day
_gatThis Google Analytics cookie is used to throttle request rate.First-party
Persistent
1 minute

Marketing

(to display ads that are relevant for visitors)

NamePurposeTypeExpiration
_fbpThis Facebook cookie is used to provide the visitor with more personalized advertisement.First-party
Persistent
90 days
frThis third-party cookie (from Facebook.com) is used to provide the visitor with more personalized advertisement and to measure and improve advertisements.Third-party
Persistent
90 days
fcsid___First-party
Session
-

What choices do I have?

If you do not agree with this Cookie Policy, you may at any time easily manage stored cookies in your web browser settings (that means you can delete them), and you can also disable or limit the storing of any new cookies. The exact procedure to manage the cookies depends on your web browser.

You can find more information at https://www.aboutcookies.org/how-to-delete-cookies/.

You may choose to disable the storing of cookies in general or only for certain web servers. Please be aware that in the event you decide to disable the cookies (in general or partially) or to delete stored cookies that we use, you may not be able to enjoy all the features of our website and our services.

How can I contact you?

If you have any questions about cookies and this Cookie Policy, please contact our support team at hello@iterait.com.

We reserve the right to amend and/or change this Cookie Policy from time to time. Therefore, please check this Cookie Policy regularly.

In Prague on November 26th, 2019
Iterait a.s.

End User License Agreement

What about the magic inside the box?

Preamble

Why you are here:

If you are reading this document, you have probably already bought the Vividi Box, or you are about to buy one soon.

You will read (or you may already have read) through the Terms of Sale that govern your purchase of the Vividi Box, and when you do so, you will learn that by purchasing the Vividi Box, you are buying just the hardware, but the embedded software (firmware) is licensed to you.

To learn more about the licensing terms, please read through this Agreement that governs the license grant and any rights and obligations of licensor and licensee thereunder.

If you accept the terms of this Agreement, you may go ahead and use the Vividi Box´s firmware as described herein; otherwise we must ask you not to use it.

As always, we will keep it brief.

Parties

Let's introduce ourselves.

We are a commercial company called Iterait a.s., ID No. 074 05 821, incorporated and existing under the laws of the Czech Republic. Our legal address is Hybernská 1034/5, 110 00 Prague 1, Czech Republic; we are registered in the commercial register kept by the Municipal Court in Prague under file No. B 23719.

Okay, now a little bit about “you”:

When we refer to “you” in this Agreement, we are actually referring to anybody, whether individual or legal entity, who uses our original software (firmware) embedded in any Vividi Box device.

It probably goes without saying, but your legal capacity must not be limited to the extent that could in any way prevent you from effectively agreeing to and complying with this Agreement.

If you plan to use the Vividi Box on behalf of any other person, whether individual or legal entity, you must obviously have legal authority to do so.

Software

So, what exactly is inside the Vividi Box?

Inside the Vividi Box there is software (firmware) that allows the Vividi Box to function properly. The software is embedded in the device and is not meant for use with any other device or for separate use.

If we mention software again, we mean the embedded software (firmware) that comes with any Vividi device, including any and all future upgrades, updates, patches, hotfixes and additional versions of that software that replace or supplement the original software distributed by us (the “Software”).

License

Wait, so can I use the Software or not?

Keep reading; we were just about to grant you the license to its use.

Okay, if you say so.

So, let’s get into it. We hereby grant you a limited, personal, nonexclusive, non-transferable, non-assignable license, without rights to sublicense, to use the Software (in object code form only) solely for internal purposes, only on the purchased device, and in such configurations as designed for or expressly permitted by us.

The license is conditional upon our receiving your timely payment of any purchase price for the Vividi Box in which the Software is embedded.

You may not copy the Software. You may not modify or remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary notices or markings on or in the Software.

So, I can use it, and you still own it?

Exactly: The Software is licensed to you, not sold. Except for the license expressly granted in this Agreement, we retain the right, title, and interest in and to the Software and in all related intellectual and industrial property and proprietary rights.

Limitations

Are there any specific limitations?

Any use of the Software and any related rights other than what are expressly set forth herein are strictly prohibited. We retain all rights not expressly granted herein.

Except as otherwise provided herein or expressly agreed to by us, you may not, nor will you allow a third party to:

  • sell, lease, license, sublicense, assign, distribute, or otherwise transfer or encumber by any means in whole or in part the Software;
  • provide, make available to, or permit use of the Software in whole or in part by any third party without our prior written consent, unless such use by the third party is solely on your behalf, is strictly in compliance with this Agreement, and you are liable for any breach of this Agreement by such third party;
  • copy, reproduce, republish, upload, post or transmit the Software in any way;
  • decompile, disassemble, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure or organization) from the Software, in whole or in part;
  • attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
  • modify or create derivative works based upon the Software; or
  • use the Software to create a competitive offering or to create other software, products or technologies.

What if I decide to sell the Vividi Box to someone else — can they use the Software?

Of course, you have the limited right to transfer the Software on a permanent basis as part of the sale or transfer of the Vividi Box on which the Software is embedded, provided that: (i) you retain no copies of any version of the Software and (ii) the transfer includes the most recent update and all prior versions of the Software.

The terms of this Agreement apply to any transferee (you provide them with a copy of this Agreement).

Do you provide any support under this Agreement?

We do not provide any maintenance or support services under this Agreement.

Termination

Can this Agreement terminate early?

We may terminate this Agreement immediately and without prior notice if you fail to comply with any term or condition of this Agreement or if we do not receive timely payment for the Vividi Box in which Software is embedded.

You may terminate this Agreement at any time by a written notice to us.

In the event of termination of this Agreement, all licenses granted hereunder shall automatically terminate and you must immediately cease use of the Software.

We will not have any obligation upon the termination of this Agreement to refund any portion of any purchase price paid for the Vividi Box.

Liability and Warranty

The Software may be subject to the export laws of the Czech Republic as well as to the laws of the country where it is delivered or used. You agree to abide by these laws.

You understand that certain functionality of the Software, such as encryption, may be subject to import or export restrictions in the event that you transfer the Software from the country of delivery, and you are responsible for complying with applicable restrictions.

We provide the Software “as is” and we make, and you receive, no other warranties related to the Software, whether express, implied or statutory, and we specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non infringement.

We do not warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free.

We shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive, or any other damages and costs, including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with this Agreement under any theory of liability, even if advised or aware of the possibility of such damages.

Under certain laws it may not be possible to disclaim our liability and warranties completely. In such cases, we hereby disclaim our liability and warranties to the fullest extent permissible by the applicable law.

If the warranties and liabilities disclaimers above are found void or invalid or otherwise unenforceable, you agree that our total liability is limited to the amount received by us for the specific Vividi Box in which the Software was embedded.

Governing Law and Choice of Court

What laws do apply?

The laws of the Czech Republic, without regard to principles of conflict of laws, will control this Agreement and any dispute of any sort that might arise between you and us in connection herewith (including any claims under any liability theory).

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

What if we argue?

We always operate in a customer-friendly manner and attempt to solve any issues peacefully, and we ask you to do the same. Therefore, you agree to notify us of any disputes arising out of or in connection with this Agreement and you agree that you will always attempt an out-of-court dispute resolution before you bring the dispute before the courts.

However, sometimes out-of-court dispute resolution is just not possible. In that event, any dispute relating in any way to this Agreement shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.

Should you violate or threaten to violate our intellectual property rights in any manner, we may seek injunctive or other relief as may be appropriate in order to preserve all of our rights in any court of our choice. You consent to exclusive jurisdiction and venue of such courts.

Miscellaneous

Some necessary boilerplates:

If any clause of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect to the illegal, invalid or unenforceable clause, given the content and purpose of this Agreement.

You may not assign or transfer any of your rights or obligations assumed under this Agreement or in any other way related hereto without our prior written consent.

If you do not comply with this Agreement and we do not take action right away, or if we do not enforce any other provision hereof, it doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

All the provisions of this Agreement that by their nature extend beyond the termination of the mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.

I found out there is a conflict between this document and the terms I found elsewhere.

If there is such a conflict, please let us know immediately so we can attend to it and improve our documentation. Meanwhile, this Agreement will control for that conflict.

In Prague on November 26th, 2019
Iterait a.s.

Privacy Policy

How We Treat Your Personal Data

What is Vividi?

Vividi is an IT solution provided by our company that allows users to obtain important statistics and information about the demographics and behavior of customers in their establishments. To list a few examples, Vividi may be able to identify the duration of a customer´s stay, their age and/or their gender.

We provide our customers with (i) the Vividi Box, which is a hardware device used to monitor their establishments and to analyze gathered data, and also with (ii) Vividi Dashboard, which is a service used either to access the Vividi Box output or to analyze data gathered from other video-recording devices.

Why should I read this document?

You may have heard about the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “Regulation”), more commonly known as the General Data Protection Regulation (GDPR).

Under Articles 13 and 14 of the Regulation we must provide our customers and other data subjects with information on the collection, handling, protection and processing of their personal data.

Therefore, in this Privacy Policy you can learn more about these topics regarding the personal data that we collect whenproviding Vividi Dashboard services.

Who collects my personal data?

We are a commercial company called Iterait a.s., ID No. 074 05 821, incorporated and existing under the laws of the Czech Republic. Our legal address is Hybernská 1034/5, 110 00 Prague 1, Czech Republic; we’re registered in the commercial register kept by the Municipal Court in Prague under file No. B 23719.

What personal data do you process?

As mentioned above, Vividi is a solution that allows users to analyze video footage of customers in order to obtain information about their gender, age, behavior, etc.

Personal data processed for development

To develop and test the solution, we collect and process videos and images of people that may under some circumstances be considered as personal data within the meaning of the Regulation.

Sometimes we use our own materials, and sometimes we use third-party videos or images. In both events we may be considereda data controller, collecting, storing and processing personal data (images) of people captured in such materials.

Personal data collected via contact form

On our website we also provide you with a contact form, where you may request information on our products.

If provided with any information that may be considered personal data (such as first and last name, email address, etc.), we willas a data controller collect, store and process such personal data.

Personal data collected through the sale of the Vividi Box

When we sell you the Vividi Box, we willas a data controller collect, store and process any personal data communicated to us during the purchase process.

Such personal data include but are not limited to your first and last name, identification number, date of birth, business address, residential address, email address, tax identification number, phone number, bank account number, etc.

Personal data collected when providing Vividi Dashboard services

As you probably already know, Vividi Dashboard may be used in two ways. You may either use Vividi Dashboard with the Vividi Box device developed by us, or you may use it with your own video-recording device.

In both cases we will as a personal data controller collect and process your personal data provided by you when we create your user account and, later, in the user-account interface. Such personal data will usually include (but are not limited to) the following:

  • username;
  • email address;
  • password;
  • IP address, including IP address or another identifier of a device used to access Vividi Dashboard;
  • payment information (credit or debit card number, bank account number);
  • and other data voluntarily provided in the user-account interface or during any other contact with us (such as the personal data provided when requesting support, etc.).

If you use Vividi Dashboard with the Vividi Box device obtained from us, the video feed containing personal data of third parties is analyzed within the device itself. The statistics that are then transmitted to Vividi Dashboard may not be considered as personal data.

On the other hand, if you use your own video-recording device, the whole video feed is transmitted to us, including any captured personal data (such as human faces) of third parties. We willas your processor process such personal data for the purpose set by you (to obtain statistics and information about the demographics and behavior of customers in your establishment).

We would like to remind you that under some laws, you may be, as the operator of the video-recording device (whether the Vividi Box or any other), considered a personal data controller as well and may yourself be subject to some rules and obligations. If you are ever not sure, do not hesitate to ask us for more detailed information.

Why do you process my personal data?

Personal data processed for development

It is quite simple: We collect, store and process the above-mentioned videos and images to develop and test our Vividi products.

To comply with legal requirements, we must mention that we collect, store and process such personal data pursuant to Article 6 (1) (f) of the Regulation. That means that it is in our legitimate interest to collect, store and process such personal data, since there is no other way to effectively train, test and use any artificial intelligence software and hardware to obtain information on recorded individuals without allowing it to visually perceive the surrounding world.

It is important to us that we do not excessively interfere with any personal or other rights of data subjects. Therefore, we adhere to the following principles when we develop and operate Vividi:

  • We use only such videos and images that are focused not on any individual person but rather on crowds of people.
  • We do not capture any individual person for an amount of time that is beyond what is usual and lawful when visually interacting with other people in public places.
  • We do not attempt to and are not able to identify by name any of the individual people captured in the processed images and videos.
  • We do not conceal the purpose of the videos and images, and we operate in such a way that it is apparent to people that they are being captured. We will use visible signs, including a link to this Privacy Policy.

Personal data collected via contact form and through the sale of the Vividi Box

As for the information provided by you through the contact form, we collect, store and process it for the purpose of providing you with the requested goods, services, support, or any other information, as well as for the purpose of any further communication with you. To comply with legal requirements, we must mention that we collect, store and process such personal data mainly pursuant to Article 6 (1) (b) of the Regulation.

As for the information provided during the purchase of the Vividi Box, we collect, store and process it for the purpose of exercising any rights and fulfilling any obligations related to the contract of purchase and sale. To comply with legal requirements, we must mention that we collect, store and process such personal data mainly pursuant to Article 6 (1) (b) of the Regulation.

We collect the information provided by you through the contact form or when making a purchase of a Vividi device also for marketing purposes, for example to inform you about our latest products, services and features, and to establish, exercise or defend any related legal claims. To comply with legal requirements, we must mention that we collect, store and process such personal data pursuant to Article 6 (1) (f) of the Regulation.

That means it is in our legitimate interest to collect, store and process such personal data for marketing purposes, since it is in our interest to inform our customers about such news and is reasonable to expect that the customers who have contacted us before may be interested in such news. Additionally, the customers may at any time opt out from receiving such news.

It is also in our legitimate interest to collect, store and process this kind of personal data to establish, exercise or defend any related legal claims, since otherwise we could not exercise our legal rights and as such use of personal data is visible to data subjects and represents little to no restriction of data-subject rights.

Personal data collected when using Vividi Dashboard

It is quite simple: We collect, process and store your personal data only so we can provide you services pursuant to Vividi Dashboard Terms of Service.

We will specifically process your personal data:

  • to fulfill any of our obligations under the Vividi Dashboard Terms of Service and under any applicable law and to protect our own rights thereunder;
  • to create, control and manage your user account;
  • to secure the quality of our services and to use it for other commercial purposes, including to inform you of products and services related to Vividi;
  • to use it for marketing purposes (quality of user experience research).

To comply with legal requirements, we must mention that we collect, store and process such personal data mainly pursuant to Article 6 (1) (b) and (f) of the Regulation. For the legitimate-interest explanation, please read the section dedicated to the personal data collected via contact form and through the sale of the Vividi Box, as similar legitimate interest applies here.

We collect, process and store your personal data only for the above defined purposes and only to the extent necessary to fulfill those purposes. We never conceal the purpose for which the personal data are collected and further processed.

How long will you store my personal data?

We process and store your personal data only for the time necessary to meet the purposes of its processing, which are specified above, or for the time consented to by you, or for the time that is either necessary in order to adhere to our obligations under the applicable law or set forth by the applicable law or in accordance therewith. We comply with the mandatory rules for data archiving.

Once the purpose of the personal-data processing disappears, we will destroy the personal data.

As for the personal data voluntarily provided by you through the contact form, we will process and store such personal data until the requested issue is solved and also for the subsequent period thereafter that is either necessary in order to adhere to our obligations under the applicable law or set forth by the applicable law or in accordance therewith, or during which you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the requested issue.

As for the personal data voluntarily provided by you when purchasing a Vividi Box, we will process and store such personal data until all the obligations under the contract of purchase and sale have been fulfilled and also for the subsequent period thereafter that is either necessary in order to adhere to our obligations under the applicable law or set forth by the applicable law or in accordance therewith, or during which you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the sale of the Vividi Box.

As for the personal data collected when you are using Vividi Dashboard, we will process and store said personal data for as long as we provide you Vividi Dashboard services and also for the subsequent period thereafter that is either necessary in order to adhere to our obligations under the applicable law or set forth by the applicable law or in accordance therewith, or during which you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the provided services.

Who will have access to my personal data?

We take care of your personal-data security, and we choose very carefully the partners to whom we entrust your personal data.

All our partners must be able to provide sufficient security of your personal data to prevent unauthorized or accidental access thereto or other abuse thereof, and all our partners must undertake a confidentiality obligation and must not use your personal data for any purpose other than the purpose for which the data were made available to them.

The recipients who may have access to your personal data are:

  • persons who provide us with the technological services or technology operators that we use to provide our services;
  • persons who provide our services and websites with security and integrity and who regularly test such security and integrity;
  • providers of accounting, legal and administrative services;
  • our staff.

Our aim is and always will be to ensure your personal data are as anonymous as possible and unavailable to all third parties. However, under certain specifically defined conditions, we will be in some circumstances required, in accordance to the applicable law, to transfer certain personal data to the public authorities.

When collecting, storing and processing personal data, we sometimes may use personal-data processors, such as Google, that under some circumstances transmit your personal data to third countries. In such cases, we always make sure the transmission is compliant with the Regulation. In particular we specify that the personal data may be transmitted to the United States of America, and in such cases the transmission is compliant with a so-called Privacy Shield program.

How are my personal data protected?

All your personal data are secured by standard procedures and technologies. We provide data protection against unauthorized or accidental access, alteration, destruction, loss, unauthorized transmission or any other unauthorized processing, as well as against any other abuse of records containing the personal data.

We are not able to guarantee the security of your personal data without your help and responsible behavior. Therefore, we ask you to help us ensure the security of your data by keeping your user-account login information secret and secure by following common security standards.

What are my rights with regard to personal-data protection?

With regard to personal data, you shall have in particular the following rights:

  • a right to withdraw your consent at any time;
  • a right to correct or make additions to your personal data;
  • a right to request restrictions to your personal-data processing;
  • a right to object or complain against your personal-data processing under certain circumstances;
  • a right to request your personal-data transfer;
  • a right to access your personal data;
  • a right to be informed of a personal-data security breach under certain circumstances;
  • a right to request deletion of your personal data (a right to be “forgotten“) under certain circumstances; and
  • other rights set forth in Act No. 110/2019 Coll., on personal-data processing (Personal Data Protection Act) and the Regulation.

Additionally, in the event of any violation of the obligations set forth in the Regulation, you have the right to contact the Office for Personal Data Protection and make a request for remediate measures at the following address: Office for Personal Data Protection, Pplk. Sochorova 27, 170 00 Prague 7, Czech Republic; phone number +420 234 665 111 (central telephone exchange).

How can I contact you?

If you have any questions regarding this Privacy Policy, please do not hesitate to contact us using the contact details below:

Contact address: Hybernská 1034/5, 110 00 Prague 1, Czech Republic

Contact point (support): https://www.iterait.com/

Email address: hello@iterait.com

When is this Privacy Policy effective?

This Privacy Policy comes into effect on December 1st, 2019.

We reserve the right to amend and update this Privacy Policy at any time.

In Prague on December 1st, 2019
Iterait a.s.

Terms of Sale

What Should I Know Before I Order?

Preamble

Welcome to the family!

If you are reading this document, you are about to become a part of the Vividi family. While we pack your Vividi device and prepare it for dispatch, please read through these Terms of Sale governing your purchase and use of the Vividi device and related accessories (also known collectively as the “Vividi Box”).

We value your time, so we promise to keep this as brief as possible.

If you are comfortable with and agree with everything you read, you may then go ahead and place your order (accept our quote). By placing your order, you let us know that you have agreed to these Terms of Sale.

Please be aware that these Terms of Sale apply only to commercial (B2B) purchases(including purchases made by entrepreneurs, businesses, legal entities, government and governmental bodies or other public-sector customers)and are not meant for consumers, so if you are one, please let us know and we will send you different terms of sale that do apply to you.

Also, please keep in mind that if you do not buy your Vividi device directly from us, these Terms of Sale do not apply and you must contact the seller (usually a reseller or distributor) for more information on the terms of your purchase.

So, without further ado, let's get into it:

Parties

Let's introduce ourselves.

We are a commercial company called Iterait a.s., ID No. 074 05 821, incorporated and existing under the laws of the Czech Republic. Our legal address is Hybernská 1034/5, 110 00 Prague 1, Czech Republic; we are registered in the commercial register kept by the Municipal Court in Prague under file No. B 23719.

Okay, now a little bit about “you”:

When we refer to “you” in these Terms of Sale, we are actually referring to anybody, whether individual or legal entity, who purchases the Vividi Box.

It probably goes without saying, but your legal capacity must not be limited to the extent that could in any way prevent you from purchasing the Vividi Box or from effectively agreeing to and complying with these Terms of Sale.

If you plan to purchase the Vividi Box on behalf of any other person, whether individual or legal entity, you must obviously have the legal authority to do so.

As mentioned above, these Terms of Sale do not apply to consumers, so if you accept these Terms of Sale, you confirm that you arenot purchasing the Vividi Box as a consumer.

If you are not sure, just ask yourself if you are an individual purchasing the Vividi Box for a purpose that is outside your trade, business or profession. If the answer is “yes,” then you are most likely considered a consumer, and in that case, you should contact us immediately and we will send you different terms of sale that do apply to you.

Order

How do I purchase the Vividi Box?

If you wish to purchase our products, including the Vividi Box, you should start by contacting us. You may use basically any means of communication, including email and the contact form on our website (https://www.iterait.com/).

Once we get in touch with you, we will discuss available possibilities and recommend a solution that in our opinion best suits your needs. We will also send you a quote (legally speaking, an offer to conclude a contract of purchase) for the recommended products.

In the quote we will list products, their quantities, their prices, your shipping address, a method of shipping (including a specific carrier), estimated shipping charges, and the method of payment (including currency). We will also let you know when the quote expires.

You may then freely decide to place or not to place your order (legally speaking, to accept our offer to conclude a contract of purchase and sale), referencing our quote. If you place your order before the quote expires, the contract of purchase and sale are concluded.

If you place your order after the quote expires, we may still choose to consider your acceptance as valid within seven (7) days after we have received it. If you do not hear from us by then, consider your acceptance void.

Can the contract be changed later?

Once the contract is concluded, it cannot be unilaterally changed except in the events we describe in these Terms of Sale.

We are fair to our customers, so we do not cancel the contracts unless there are some very extraordinary circumstances, including instances involving an obvious pricing, typographical, or any other obvious error that affected the order, or instances in which you have violated any applicable laws in relation with the contract (e.g., if you have ordered on behalf of others without their authorization, misused personal data of others, misused funds of others to pay for the order, etc.). In such cases we reserve the right to declare the contract void.

Delivery

How and when do I receive the Vividi Box?

According to the law, under the purchase agreement we undertake to deliver the ordered products to you and enable you to acquire the title to them; on the other hand, you undertake to duly receive the products from us and pay us the purchase price.

Now, practically:

After you accept the quote and the contract of purchase is concluded, we will without undue delay or within the time stipulated in the contract dispatch the ordered products to you using the shipping method quoted.

If the quoted shipping method is not available anymore or if the shipping costs have risen in the meantime, we will contact you and offer you alternate shipping. If you do not agree, we have the right to withdraw from the contract.

If we provide you with any dispatch or delivery dates, please be aware that they are estimates only and we cannot be responsible for any delayed delivery.

Products are considered as delivered to you when they are handed over to the carrier. We enable you to claim any rights implied by the shipping agreement with the carrier.

Unless agreed otherwise in the contract of purchase (that means in the quote), we reserve the right to dispatch, at our discretion, the goods to you only after the purchase price is paid in full.

We also reserve the right of ownership to the products (legally speaking, the title) until the purchase price has been paid in full.

Price and Payment

Let's talk money.

The purchase price and the estimated shipping fees always will be quoted to you before the contract is concluded. The quoted purchase prices are always final, and if not stated otherwise they always exclude VAT and any other taxes, fees (including shipping fees), duties and dues. The charges are to be paid by (international) wire transfer pursuant to the invoice we send you, and the payment must be made in the quoted currency.

You must pay our invoice in full within the time noted thereon, or if not noted, then within thirty (30) days after the date of the invoice. All invoices will be considered as accurate unless you advise us in writing of any errors within ten (10) days following the receipt thereof.

If any amounts are corrected, they must be paid within fourteen (14) days of correction, and all other amounts shall be paid by the original due date of the invoice.

Please be aware that once the contract is concluded, the billing details may not be changed.

Taxes, duties and other payments:

You are responsible for payment of any sales, use, value added, and other similar taxes or governmental fees associated with your order, except for taxes based on our net income, our gross revenue, or our employment obligations.

You must also pay for any necessary shipping costs, insurance, and import or export duties (if applicable), even if they were not quoted in the quote we sent you.

If we have to under the applicable law collect and remit any taxes or fees, then we will add the appropriate amount to your invoice as a separate line item. If you qualify for a tax exemption, you must provide us with a valid certificate of exemption or other appropriate proof of exemption.

Confidentiality

We kindly ask you to be discrete.

We try to be open to our customers and share as much information about our products with you as possible so you can make informed decisions. Sometimes we share with you information that is not meant to be public. For that reason, we must ask you to keep confidential (not to disclose to third parties) the specifics of the concluded contract, including any information you have learned through the contracting process, as well as any other information that you have learned from us and that was marked, accompanied, or supported by documents designated as “confidential” or the equivalent, or that was identified as such by us, or that should be reasonably known to you to be confidential.

Of course this does not apply to information you can demonstrate was already in your possession before receipt from us, that is or becomes publicly available through no fault of yours, that is rightfully received by you from a third party who has no duty of confidentiality, or that is independently developed by you without a breach of the confidentiality obligations hereunder.

Sometimes you may be required by a government body or court of law to disclose confidential Information. That's fine by us, but we must ask you, to the extent permitted by law, to give us reasonable advance notice so that we may contest the disclosure or seek a protective order.

You may disclose confidential Information to your directors, officers, and employees, as well as to your contractors, advisors, and agents, so long as those individuals have a need to know in their work for you and are bound by obligations of confidentiality at least as restrictive as those imposed on you in this Terms of Sale. You are fully liable for any breach of this obligation by the above mentioned third parties.

You will use the same degree of care to protect the confidential information as you would with your own similar information, and certainly no less than what is reasonable.

Your duty to protect confidential Information expires three (3) years from the date of disclosure. The obligation to protect technical information about our current products and services and all information about possible unreleased products or services never expires.

Personal Data

Are my personal data safe with you?

First let us assure you that the collection of your personal data (e.g., the data submitted when placing your order or when notifying us of a defect) shall be as limited as possible.

Any collection, storage and handling of your personal data shall be controlled by a separate set of terms on handling the personal data of our customers (Vividi Privacy Policy).

Software License

Do I need any software to use the Vividi Box?

The Vividi Box comes with embedded software (firmware), the use of which is subject to the Vividi Box End User License Agreement available on our website (https://www.iterait.com/).

If you provide the Vividi Box to any third party, you are obliged to provide them with a copy of the End User License Agreement or to let them know where to find it.

Some things we just do not sell.

Please be aware that you cannot use any of our trademarks, trade names, company logos, etc., by virtue of having purchased our products hereunder.

Defects

What should I do if my device is broken?

First let us mention that a risk of loss passes to you when the Vividi Box is delivered. This means that if something happens to your device after the delivery, we may not be held responsible.

On the other hand, we obviously guarantee that the Vividi Box is free from defects at the time it is delivered.

In particular, we guarantee to you that at the moment of delivery, the Vividi Box (i) has the agreed characteristics or (if nothing was agreed) the characteristics described by us or expected by you with reference to its nature and related advertisement, (ii) can be used for the purposes stated by us, (iii) is provided in the corresponding quantity, and (iv) complies with the requirements stipulated by the law.

We advise you to examine the product, its characteristics, and quantity as soon as possible after the risk of loss passes to you (usually at the moment the product is handed to you by the carrier). If the shipment appears to be damaged, opened or otherwise tampered with, you must describe the damage in the delivery note of the carrier at the time it is handed to you; otherwise the shipment is considered undamaged.

You can claim improper performance with reference to the defect inherent to the product at the moment of delivery without undue delay after it is discovered, or could have been discovered, had you duly examined the product.

The defects that could not have been identified at the time of delivery but appear later may be claimed within twenty-four (24) months after the delivery.

We do not offer any other statutory guarantees or commercial warranties other than expressly described above.

Liability

You have just found them, so let's get it over with.

Our total liability to you for any direct, indirect, special, consequential, punitive, or other damages and costs, including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your purchase and use or inability to use the Vividi Box, is under all circumstances limited to the amount you have paid for the product that gave rise to the liability.

Under certain laws it may not be possible to disclaim our liability and warranties completely. In such cases, we hereby disclaim our liability and warranties to the fullest extent permissible by such law.

Governing Law and Choice of Court

What laws do apply?

The laws of the Czech Republic, without regard to principles of conflict of laws, will control these Terms of Sale and any dispute of any sort that might arise between you and us in connection herewith (including any claims under any liability theory).

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

What if we argue?

We always operate in a customer-friendly manner and attempt to solve any issues peacefully, and we ask you to do the same. Therefore, you agree to notify us of any disputes arising out of or in connection with these Terms of Sale and you agree that you will always attempt an out-of-court dispute resolution before you bring the dispute before the courts.

However, sometimes out-of-court dispute resolution is just not possible. In that event, any dispute relating in any way to these Terms of Sale shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.

Should you violate or threaten to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue of such courts.

Notices

How do I get in touch with you? And what if you need to contact me?

You can contact us electronically via tools available on our website or via the email address hello@iterait.com. Your message is considered as delivered when we confirm its delivery to you, which we always attempt to do promptly.

We will not bother you too much, but occasionally we may have to contact you. In that event, we will use the email address provided by you.

We will occasionally send you an email with commercial announcements; you may at any time without having to give a reason opt out of those communications.

Miscellaneous

Some necessary boilerplates:

If any clause of these Terms of Sale is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect to the illegal, invalid or unenforceable clause, given the content and purpose of these Terms of Sale.

You may not assign or transfer any of your rights or obligations assumed under these Terms of Sale or in any other way related hereto without our prior written consent.

If you do not comply with these Terms of Sale and we do not take action right away, or if we do not enforce any other provision hereof, it doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

All the provisions of these Terms of Sale that by their nature extend beyond the termination of the mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.

I do not like something I read above.

We always attempt to make legal documents as brief and user friendly as possible, but we cannot completely make do without them.

So, even though we regret it, if you do not agree with any part of these Terms of Sale, we cannot sell you the Vividi Box. If that is the case, please contact us, and we will do our best to find a suitable solution for you.

I found out there is a conflict between this document and the terms I found elsewhere.

If there is such a conflict, please let us know immediately so we can attend to it and improve our documentation. Meanwhile, these Terms of Sale will control for that conflict.

In the event that you as an entrepreneur use your own set of terms and conditions, those do not apply to our mutual legal relationship, unless we have expressly agreed to them in writing.

So, is that it? May I go ahead and place my order (accept your quote)?

Just one last thing: Please remember that we may change or amend these Terms of Sale or any additional terms that apply to your purchase and use of our products (such as the Vividi Privacy Policy) from time to time, and if we do so, we will have to ask you to read through them and agree to them again.

We realize it's an inconvenience for you, so we promise not to do it too often.

Use of Vividi Box

I already know what Vividi is, but remind me just in case.

Vividi is an IT solution provided by our company that allows you to obtain important statistics and information about the demographics and behavior of customers in your establishment. To list a few examples, Vividi may be able to identify the duration of a customer´s stay, their age or gender.

So, how does it work?

The easiest way is to purchase the hardware called Vividi Box, developed by our company. The Vividi Box monitors your establishment and collects the above-mentioned data about your customers.

You may then access the collected data in Vividi Dashboard, accessible on our website (https://iterait.com/).

The use of Vividi Dashboard is controlled by the Vividi Dashboard Terms of Service and may be subject to additional fees.

Therefore, be aware that to be able to fully use the Vividi Box, you may have to use our Vividi Dashboard paid services.

If for any reason you do not wish to use Vividi Dashboard, there are ways to use the Vividi Box without it. However, please be aware that it might be difficult to set up your own front-end solution and that we do not and may not guarantee full functionality of the Vividi Box device under such circumstances. Similarly, we do not guarantee full functionality if you use the Vividi Box with any third-party services.

Of course, if you need any help in this regard, do not hesitate to contact us, as we may be able to offer you a personal solution that suits your needs.

Is there anything else I should know about when using the Vividi Box?

Yes, be aware that use of video-recording devices in your establishment may be subject to personal data protection regulations that apply in your country. Before you start using any video-recording product or service to monitor your customers, please make sure that you are compliant with such laws and regulations in order to prevent any problems down the road.

In Prague on November 26th , 2019
Iterait a.s.

Terms of Service

Vividi Dashboard - What It Is and How (Not) To Use It

Preamble

Welcome to Vividi Dashboard!

We would like to thank you for choosing Vividi. We know that you are eager to go ahead and start using Vividi Dashboard, but we kindly ask you to spare a few minutes and read through these terms governing your use thereof and access thereto.

We value your time, so we promise to keep the Terms of Service as brief as possible. If you are comfortable with and agree with everything that you read, you may then go ahead and start using Vividi Dashboard. So, let's get into it:

Parties

Let's introduce ourselves.

We are a commercial company called Iterait a.s., ID No. 074 05 821, incorporated and existing under the laws of the Czech Republic. Our legal address is Hybernská 1034/5, 110 00 Prague 1, Czech Republic; we are registered in the commercial register kept by the Municipal Court in Prague under file No. B 23719.

Okay, now a little bit about “you”:

When we refer to “you” in these Terms of Service, we actually refer to anybody, whether individual or legal entity, who visits our website and attempts to use Vividi Dashboard.

It probably goes without saying, but your legal capacity must not be limited to the extent that could in any way prevent you from using Vividi Dashboard or from effectively agreeing to and complying with these Terms of Service.

If you plan to use Vividi Dashboard on behalf of any other person, whether individual or legal entity, you must obviously have the legal authority to do so.

Vividi Services

I already know what Vividi is, but remind me just in case.

Vividi is an IT solution provided by our company that allows you to obtain important statistics and information about the demographics and behavior of customers in your establishment. To list a few examples, Vividi may be able to identify the duration of a customer´s stay, their age or gender.

On the other hand, we are not a spy service, and we are not able to identify the customers by name or occupation. We also do not approve of discrimination, and therefore you should not use any of the obtained statistics to discriminate against any of your customers.

How does it work?

Right now, there are two ways you can use Vividi.

  1. You can obtain the hardware device called the “Vividi Box,” developed by our company. The hardware monitors your establishment and collects the above-mentioned data about your customers. For the rules applicable to obtaining and using the Vividi Box, please read the appropriate set of terms and conditions, as these Terms of Service do not control it.

  2. If you do not possess the Vividi Box, you may also choose your own video source to be analyzed by us. In that case, you need to sync your video-recording device with Vividi Dashboard, and the data about your customers will then be collected by us.

In both cases, you may then access the collected data in Vividi Dashboard, accessible on our website (https://iterait.com/). The use of Vividi Dashboard is controlled by these Terms of Service.

User Account

So, how do I start?

That's a good question. First you need to create a user account. We create all the user accounts manually, so just go ahead and contact us at hello@iterait.com and we will get back to you in no time.

We will ask you to provide us with your first and last name (or company name, if applicable), email address, and some other identification information, and we will then send you a preselected password.

We strongly recommend changing the password after your first login in order to keep your user account secure, and we also recommend that you do not reuse your user-account password on third-party applications.

Is there anything else I should know about the user account?

The user account is dedicated to you, and you are solely responsible for all activities that occur on or through your user account, so it is important that you keep secure your password and devices used to access the user account. You must let us know immediately if you suspect any unauthorized access to your user account.

Submitted Content

Is there anything interesting I should know about the submitted content?

We trust our customers. Therefore, we expect any information submitted by you within Vividi Dashboard (including any information provided in order to create your user account) to be accurate, true and complete.

If any of the information changes, you should see to it that it is updated as soon as possible in order to prevent any misunderstandings or problems down the line.

Any content submitted to or through Vividi Dashboard that belongs to you stays yours. (Or in legal terms: You retain ownership of any intellectual property rights that you hold in submitted content).

When you submit content to or through Vividi Dashboard, you grant us a worldwide, royalty-free, nonexclusive, perpetual license (with a right to sublicense) to use the submitted content for the limited purpose of operating, promoting and improving our Vividi Dashboard, Vividi Box, and any other related services. Make sure you have the necessary rights to grant us this license.

Personal Data

Are my personal data safe with you?

First let us assure you that the collection of your personal data (e.g., the data submitted when creating your user account) in connection to using Vividi Dashboard shall be as limited as possible.

Any collection, storage and handling of your personal data shall be controlled by a separate set of terms on handling the personal data of our customers (Vividi Privacy Policy).

Cost and Payment

How much does it cost?

You may access Vividi Dashboard free of charge, but it will not be of much use to you, obviously, unless you sync your Vividi Box or other video-recording device therewith.

We offer various pricing models to fit your circumstances.

Most often we will charge you a monthly fee on a “per synced device” basis. If you have already obtained the Vividi Box from us and are using it in compliance with any applicable terms, you are entitled to sync the device with Vividi Dashboard for a monthly fee.

In any case, the pricing for your particular circumstances is always subject to a mutual agreement. We may send you the Price List, where you will find the available pricing models and also more detailed information on payment methods, or we may discuss the pricing with you in any other suitable way.

Once the period for which you have paid is over, you will not be entitled to sync the respective device with Vividi Dashboard nor to access any new statistics and data. However, you will still be entitled to access Vividi Dashboard and any previously saved data.

We may make changes and improvements to Vividi Dashboard in the future. Of course, we always attempt to improve our services, but sometimes we must let some features go to make room for new ones.

Therefore, please be aware that we do not guarantee any specific Vividi Dashboard functionality beyond the functionality specifically described above in these Terms of Service, and any changes to its features will neither terminate nor release you from any of your paid subscriptions.

Syncing and Availability

I want to learn more about syncing my devices with Vividi Dashboard …

… and I am using the Vividi Box.

If you use the Vividi Box, please read the applicable terms and conditions on obtaining and using the Vividi Box first. Properly used, the Vividi Box will collect statistics about the demographics and behavior of your customers and then send it to Vividi Dashboard, if synced properly.

In the interface of Vividi Dashboard, you will have a chance to check (by taking a screenshot of video feed of the Vividi Box) whether the Vividi Box is properly synced with Vividi Dashboard. In the event you are unable to sync it, please contact us immediately.

In the event that the Vividi Box is not installed properly or in the event it is not properly synced to Vividi Dashboard, we of course cannot guarantee any functionality of Vividi Dashboard.

… and I am using something else.

If you use any other video-recording device, the video feed will be analyzed by us and we will then make the collected statistics available for you to access in Vividi Dashboard.

We may analyze only the video feed that is transmitted to us via Vividi Dashboard, and therefore we advise you to make sure that your video-recording device is installed and positioned properly, that it is correctly synced with Vividi Dashboard, and that the video feed is of a sufficient quality for us to be able to analyze it.

You are always up, right?

We always attempt to provide continuous uninterrupted operation of Vividi Dashboard so you can access and use it at any time.

However, due to maintenance, repairs or exceptional outages, there may be occasions when Vividi Dashboard will not be available; therefore we cannot always guarantee completely uninterrupted (100%) availability.

If it is unavailable due to a planned temporary maintenance shutdown, we will attempt to inform you in advance. If due to the nature of unavailability we could not inform you in advance, we will at least attempt to promptly solve any issues and make it available again.

Liability and Warranty Limitation

You have just found them, so let's get it over with.

Please be aware that Vividi Dashboard is a service and we do not give you ownership of any intellectual property rights in Vividi Dashboard or any other Vividi products or services associated therewith. You are solely entitled to access and use Vividi Dashboard and to access, download, and otherwise use the customer statistics from devices synced by you.

We provide you Vividi Dashboard using a reasonable level of skill and care, and we hope that you will enjoy using it; however, be aware that Vividi is still offered to you on an “as is” and “where-available” basis and therefore we expressly disclaim any warranties, express or implied, relating thereto.

We shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive, or any other damages and costs, including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your access and use or inability to access and use Vividi Dashboard.

We specifically do not warrant and do not assume any liability in the event that the video feed provided by you could not be analyzed due to the quality of the video feed (e.g., resolution) being too low or the distance between the video-recording device and the customers being too far or the video-recording device being positioned in such a way that it does not record the entire premises of the establishment.

Under certain laws it may not be possible to disclaim our liability and warranties completely. In such cases, we hereby disclaim our liability and warranties to the fullest extent permissible by such law.

If the warranties and liabilities disclaimers above are found void or invalid or otherwise unenforceable, you agree that our total liability for any claims arising out of these Terms of Service or in relation thereto is limited to the amount you paid us to use Vividi Dashboard.

Notices

How do I get in touch with you? And what if you need to contact me?

You can contact us electronically via tools available on our website or via the email address hello@iterait.com. Your message is considered as delivered when we confirm its delivery to you, which we always attempt to do promptly.

We will not bother you too much, but occasionally we may have to contact you. In that event, we will use either the email address provided by you or a notice available to you upon login in the Vividi Dashboard interface.

We will occasionally send you an email with commercial announcements; you may at any time without having to give a reason opt out of those communications.

Termination

I like Vividi Dashboard so far, but what if I change my mind?

We always will be sorry to let you go, but we will respect your decision. We want happy customers, and it is not in our interest to force onto you a service that you do not like or no longer wish to use.

Therefore, you may terminate the legal contract established by these Terms and Conditions at any time by sending us a termination notice.

If you own the Vividi Box and therefore use Vividi Dashboard for a monthly fee, the termination is effective immediately when we receive your termination notice. On the other hand, if you have paid for using Vividi Dashboard with any other video-recording device, the termination is effective at the end of the period for which you have paid (or when we receive your termination notice, if we receive it later).

We usually keep your data for some time after the termination in order to comply with any applicable laws and regulations and also just in case you decide to come back. However, please be aware that we are not obliged to do so and upon termination we may delete your user account and any data relating to your use of Vividi Dashboard without any further notice.

Our relationships with our customers last, and we take pride in that fact.

However, we may have to and are entitled to suspend or permanently disable your access to Vividi Dashboard if you materially or repeatedly breach these Terms of Service or any other applicable terms (such as the Privacy Policy or the Price List), or if you violate any provision of the applicable law in relation thereto.

Thirty (30) days after you have been notified of the fact that your access is permanently disabled, our relationship with you is terminated and we may delete your user account and any data relating to your use of Vividi Dashboard without any further notice.

In the event your user account has been inactive (you have not logged in) for more than twelve (12) consecutive months, we are entitled to send you a notice of inactivity, and in the event your user account continues to be inactive for another thirty (30) days, our relationship is terminated and we may delete your user account and any data relating to your use of Vividi without any further notice. The relationship cannot be terminated due to inactivity during the period for which you have paid to use Vividi Dashboard and/or during the period for which you possess the Vividi Box that is synced to your Vividi Dashboard.

We may decide to discontinue Vividi Dashboard completely. In that event, we will give you at least thirty (30) days prior notice. After the end of this notice period, our relationship will be terminated and you will not be able to access your data anymore. If we discontinue Vividi Dashboard, you are entitled to a refund of fees paid for the period during which you will not be able to use Vividi Dashboard due to the service termination.

Applicable Law

What laws do apply?

The laws of the Czech Republic, without regard to principles of conflict of laws, will control these Terms of Service and any dispute of any sort that might arise between you and us in connection herewith.

Dispute Resolution

What if we argue?

We always operate in a customer-friendly manner and attempt to solve any issues peacefully, and we ask you to do the same. Therefore, you agree to notify us of any disputes arising out of or in connection with these Terms of Service and you agree that you will always attempt an out-of-court dispute resolution before you bring the dispute before the courts.

However, sometimes out-of-court dispute resolution is just not possible. In that event, any dispute relating in any way to these Terms of Service shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.

Should you violate or threaten to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.

Miscellaneous

Some necessary boilerplates:

If any clause of these Terms of Service is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect to the illegal, invalid or unenforceable clause, given the content and purpose of these Terms of Service.

You may not assign or transfer any of your rights or obligations assumed under these Terms of Service or in any other way related thereto without our prior written consent.

If you do not comply with these Terms of Service and we do not take action right away, it doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

All the provisions of these Terms of Service that by their nature extend beyond the termination of the mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.

I do not like something I read above.

We always attempt to make legal documents as brief and user friendly as possible, but we cannot completely make do without them.

So even though we regret it, if you do not agree with any part of these Terms of Service or if you have any reservations, you may not use Vividi Dashboard and we must ask you to leave Vividi Dashboard immediately.

I found out there is a conflict between this document and the terms I found elsewhere.

If there is such a conflict, please let us know immediately so we can attend to it and improve our documentation. Meanwhile, these Terms of Service will control for that conflict.

So, is that it? May I go ahead and start using Vividi Dashboard?

Just one last thing: We may change or amend these Terms of Service or any additional terms that apply to Vividi Dashboard (such as the Privacy Policy) from time to time, and if we do so, we will have to ask you to read through them and agree to them again.

We realize it's inconvenient for you, so we promise not to do it too often.

So, that is all from us; if you are comfortable with everything you have read so far and agree to it, you are free to go ahead and enjoy Vividi Dashboard!

In Prague on November 26th , 2019
Iterait a.s.