Terms of Use

Last updated: 15 May 2020

  • About these Terms of Use

Last updated: 15 May 2020

We are Octovid Limited incorporated in Ireland under company registration number 634576. Our registered office is at Maynooth Works Maynooth University, Maynooth, Co. Kildare, W23 F2H6. 

These Terms of Use apply to the use of this website, regardless of how you access it. Please read these Terms of Use carefully before you proceed.

We may, at any time and without notice, terminate your access to or use of this website. If we do so, you do not have the right to bring any claim or claims against us.

  • Consent to Terms of Use

By using this website you agree to these Terms of Use.

If you do not agree to these Terms of Use, please do not use this website. These Terms of Use were last updated on the date shown at the top. We may change these Terms of Use at any time by posting an updated version on our website, so you may wish to check it before using this website. You may only use this website for lawful purposes.

  • Copyright notice

Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to design rights, trade marks and patents appearing anywhere on this website remain our property, whether owned by or licensed to us.

You may not use any of the material on this website without our prior written permission for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise.  You may use it for your own personal non-commercial use.

  • Disclaimer

Accessing or using this website or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this website or its content.  

We are under no obligation to provide uninterrupted access to this website. We reserve the right to restrict your access to this website at any time and for any reason.

We do not guarantee that the contents of this website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the website including, but not limited to any price quotes, stock availability data or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.

To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website or connected to these Terms of Use. This exclusion includes but is not limited to any type of damages, loss of data, income or profit or loss or damage to property belonging to you or third parties arising from the use of this website or its contents.

Nothing in these Terms of Use is intended to limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

  • Links to third party websites

This website may provide links out to websites or other online resources under the control of third parties.  Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.

  • Links from third party websites

You can only link to our website with prior written permission from us. We reserve the right to withdraw any such permission at any time.  

  • Privacy policy

We take your privacy and the protection of your data very seriously. We may gather and/or use certain information about you in accordance with our privacy policy. Please see our separate privacy policy for more information.

  • Entire agreement

These Terms of Use are the entire agreement between us and you, and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

  • Applicable law

This Agreement shall be governed by the law of Ireland and courts of Ireland will have exclusive jurisdiction in relation to these Terms of Use.

Terms and conditions
The terms and conditions under which we service our customers.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APPLICATION SERVICES OFFERED BY Octovid (“Octovid,” “WE,” “US,” “OUR”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OCTOVID’S APPLICATION SERVICES. BY ACCEPTING THESE TERMS BELOW, OR BY USING OCTOVID’S APPLICATION SERVICES IN ANY MANNER, YOU AND THE ENTITY YOU REPRESENT (“CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.

This Agreement is entered into as of the date you accept these terms or use the Octovid Application Services (“Effective Date”).

License to use the services
“Application Services” shall mean the online, web-based applications (including scripts, web pages, data and APIs) used by Customer, and provided by Octovid via https://octovid.com or other designated websites or IP addresses as communicated to Customer by Octovid.

Subject to the terms set forth in this Agreement, Octovid grants to Customer a limited, non-exclusive, non-transferable license to use the Application Services (as defined herein) for Customer’s internal use and not for resale or further distribution.

Customer’s right to use the Application Services is limited by all terms and conditions set forth in this Agreement. Except for this license granted to Customer, Octovid and its licensors retain all right, title and interest in and to the Application Services, including all related intellectual property rights. The Application Services are protected by applicable intellectual property laws.

Access to the services
Octovid reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Application Services without notice. Octovid will not be liable to Customer or to any third party for any modification, suspension, or discontinuance of all or any portion of the Application Services.

Octovid also reserves the right, in its sole discretion, to reject, refuse to post, or remove any material that Customer posts or submits for posting, and to restrict, suspend, or terminate access to the Application Services at any time, for any or no reason, with or without prior notice, and without liability.

Your content
In the course of using the Services, you may provide information (texts, images, videos and data) which may be used by Octovid in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to Octovid or in connection with the Services (collectively, “Your Content”), Octovid hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with Octovid’s provision of the Services.

For clarity, the foregoing license grant to Octovid does not affect your ownership of or right to grant additional licenses to the material in Your Content.

Acceptable use policy
Customer must comply with all applicable laws when using the Application Services. Additionally, Octovid does not allow any use of the Application Services that goes against the law in Ireland, your own current location or the country where you are registered as a citizen.

Customer agrees to the following policies. When using the Application Services, you must not:

  • Engage in fraud, misrepresent your affiliation with another person, company or other entity, impersonate another person, or hide or attempt to hide your own identity;
  • Post or transmit hateful, false or misleading statements, or messages that incite or threaten violence;
  • Transmit chain letters, spam, or other unsolicited email;
  • Interfere with the normal functioning, integrity or operation of the Application Services;
  • Access any part of the Application Services, or any content or data therein, through any technology or means other than those provided or authorized by Octovid;
  • Use the Application Services or other parts of the Octovid system in violation of any applicable law or regulation, including privacy laws in applicable jurisdictions; or
  • Upload, use or transmit any content, data or materials that violate applicable laws or regulations.

About profiling
Depending on the use case of the Customer, ‘profiling’ may occur as a result of implementing and using the Application Services. Profiling means automated processing of personal data relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

In such a case, the Customer shall be responsible for the legal aspects of such profiling. The Customer shall at least make sure that their data subjects shall have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This does not apply if the decision is based on the data subject’s explicit consent.

Data Processing
To the extent Personal Data is sent by Customer through the Application Services and Customer’s use of the Application Services involves transferring Personal Data outside the EEA or Ireland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the Data Processing Addendum, available at this page, shall apply to such Personal Data and be incorporated into the Agreement.

Decision making
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Octovid. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the service.

Disclaimer of warranties
USE OF THE APPLICATION SERVICES IS AT CUSTOMER’S SOLE RISK. THE APPLICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCTOVID AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Octovid DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION SERVICES, AND CUSTOMER RELIES ON THE APPLICATION SERVICES AT CUSTOMER’S OWN RISK. ANY MATERIAL THAT CUSTOMER ACCESSES OR OBTAINS THROUGH THE APPLICATION SERVICES, INCLUDING CUSTOMER CONTENT, IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APPLICATION SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM Octovid OR THROUGH OR FROM THE APPLICATION SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnity
Customer will defend, indemnify and hold harmless Octovid, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Customer’s use of the Application Services, Customer’s violation of this Agreement, Customer Content, or Customer’s violation of any rights of a third party through use of the Application Services.

Limitation of liability
Octovid AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Octovid HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM CUSTOMER’S USE OF THE APPLICATION SERVICES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Octovid AND ITS SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF THE APPLICATION SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT CUSTOMER HAS PAID TO Octovid FOR CUSTOMER’S USE OF THE APPLICATION SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.

Arbitration and governing law
This Agreement shall be governed by and construed in accordance with the laws of Ireland without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Amsterdam, Ireland.

Frequently asked questions
Is Octovid compliant with GDPR?
As a European service provider, Octovid is compliant with the European Union privacy laws, also known as GDPR.

GDPR compliance in personalization

Looking For More Information?

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  • +353 76 620 5202
  • info@octovid.com
  • MaynoothWorks, Maynooth University, Co. Kildare, Ireland. W23 F2H6

© 2020 Octovid Ltd. All rights reserved

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