OptiConnect Terms and Conditions

Version 1.0

Introduction
We thank you for your interest in OptiConnect. These are our general terms and conditions, which set out the terms under which we provide our application (‘OptiConnect’) to you. By installing or otherwise using our application, you agree to these general terms and conditions. If you don’t agree to (all) the terms, you shouldn’t, and aren’t allowed to, use our application. Please read them carefully.

Should you, after reading these general terms and conditions, have any questions or comments, you can always contact us. We’re more than happy to help.

1. About OptiConnect
1.1. OptiConnect (‘we’, ‘our’) is the mobile application of Opticon Sensors Europe B.V., a company with private limited liability under Dutch law, having its registered office at Opaallaan 35, 2132 XV in Hoofddorp (the Netherlands), with Chamber of Commerce No. 34064005.
1.2. The OptiConnect application empowers users of our Bluetooth scanners with the ability to effortlessly configure and monitor their devices, providing essential information like battery status. Furthermore, we have incorporated a convenient batch scanning feature into our application. This feature allows users to save multiple scans made with the scanner as a batch. Subsequently, the user can export the entire batch of scanned barcodes in their preferred file format, facilitating seamless sharing through channels such as email.

2. Updating these general terms and conditions
2.1. We may change these general terms and conditions from time to time. We will notify you (by email for example or via a notification in the application) and give you an opportunity to review the new terms before they go into effect (unless the changes are required by applicable laws or regulations, or they are of minor importance). By continuing to access or use our application after those updated terms are in effect, you agree to be bound by our revised terms. If you don’t accept a change to these general terms and conditions, you must stop using our application immediately.

3. General
3.1. If you accept these general terms and conditions on behalf of a business, you represent and guarantee that you have the authority to bind that business to these general terms and conditions.
3.2. These general terms and conditions govern your use of the application.
3.3. If you or your organization wants to use the application outside of these terms, please contact us right away so we can discuss setting up a custom agreement that suits your needs.
3.4. Your general terms and conditions are hereby expressly rejected by us and do not apply to the agreement.
3.5. If a provision of these general terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the other terms. The other provisions will remain in full force.

4. Your user account
4.1. The application is intended for users who are at least 18 years old. To access and use our application, you are required to register an account. You will be prompted to provide your professional email address, your first and last name and company name. To register, you must use a valid email address which will be verified by us.
4.2. By registering an account, you agree to:

provide us with accurate, complete and updated information;

use a strong password and maintain the security of your password;
maintain and update your data to keep it true, correct, accurate and complete;
not share your account with any other person without our permission;
be solely responsible for any activity that occurs through your account, except in cases where you have reported any misuse or have closed the account.

4.3. Good to know: We are always entitled to refuse a registration request, without having to explain ‘why’.
4.4. User accounts are personal. Sharing them with more than one individual or providing them to individuals who are not currently or no longer affiliated with your organization, is strictly prohibited.

5. Use of the application
5.1. The application should only be used for its intended purpose. It is not allowed to use the (results of the) application in order to provide services to third parties. Reverse engineering or reproduction of the application is prohibited. You also agree not to use the application in any way that could harm our reputation or relationship with our customers, partners, or vendors.
5.2. We reserve the right to enforce a Fair Use Policy. This means that we are entitled to monitor usage of the application and limit or suspend access to the application if we believe that you are making excessive use of the application. Excessive use includes but is not limited to, large amounts of data storage and extensive use of the application.
5.3. We have no obligation to retain any data or materials received or developed by us, nor are we required to return such data or materials after you have stopped using the application.
5.4. Unless agreed otherwise, the application is provided without maintenance, installation and support. We may, at our own discretion, grant updates and new releases.
5.5. Any information or data provided by using the application is without any representation or warranty as to quality, accuracy, completeness or safety of any kind. We can always choose to update and / or change the relevant information or data. Before relying upon any information or data, you should take the time to verify it independently.

6. Termination by us
6.1. We will immediately suspend or stop your use of the application:

if you violate, or fail to fulfill your obligations under, these general terms and conditions; or
if we reasonably suspect that you’ve been using our application for unlawful or unethical activities.

6.2. We reserve the right to cease offering or providing access to the application at any time and for any reason without prior notice. In such an event, your access to the application will be discontinued. We hold no liability for any consequences resulting from the discontinuation of the app’s services.

7. Modification of pricing and payment terms
7.1. While the application is currently offered for free, we may, at our sole discretion, introduce charges or fees for certain features or services in the future. In such cases, we will provide advance notice of any changes to the pricing and payment terms by posting the updated information within the application.

8. Third party products and services
8.1. We have the right to use products and services of third parties for the application.
8.2. You agree to and shall abide by the terms of such third parties and follow reasonable instructions from us to avoid violations of these terms. We will provide these terms to you upon your request. We can never guarantee that these third parties will continue to offer their products and services (at the same price), or that the conditions under which these third parties offer their products or services will remain the same.

9. Intellectual property rights
9.1. All intellectual property rights in the application and in all other material and information made available by us are vested in us or our licensors. The application may contain (open source) software tools. These tools shall be subject to the relevant (open source) license terms.
9.2. We grant you a non-exclusive, non-transferable, revocable and non-sublicensable right to install and use the application, in accordance with the usage rules set forth in the applicable app distributor’s terms of service. This license does not include any access, escrow or other rights to the source code of the application and third-party products. We reserve all rights not expressly granted to you in and to the application.
9.3. Please note that some of the content and data that you may share or upload on the application (‘customer content’), can be protected by intellectual property rights (copyright, trademark, etc.). You shall not share or upload any customer content that violates laws, official requirements or rights of third parties. You indemnify us against all claims of third parties connected to intellectual property rights on the customer data provided by you to us. You hereby grant us, during your use of the application, a royalty-free, non-transferable, sub-licensable, non-exclusive, worldwide right to use and process customer content solely for the purpose of providing to you our application and any other activities expressly agreed to by you.

10. Privacy
10.1. We take good care of the privacy of our users and comply with relevant laws such as the General Data Protection Regulation. Have a look at our privacy policy for more information about the way we collect and process your personal data, and what your rights are in this regard.

11. ‘As is’ and ‘as available’
11.1. We cannot guarantee that the application will operate error-free or that the application is (always) free of malware. We provide our application to you ‘as is’ and ‘as available’. This means, for example:

that we’re not liable for any damages resulting from our application not being available;
that we cannot guarantee that you will always be able to use our application without any problems;
that we cannot guarantee that our application is free of viruses or other malware;
that we cannot promise that the application will meet your expectations.

11.2. If you come across a bug in the application or one of our releases, kindly alert us via email (support@opticon.com) – it would be greatly appreciated!

12. Limitation of liability
12.1. Subject to applicable laws and regulations, when you download and/or use the application, the entire risk as to the use, quality, safety and performance of the application is with you. We are not responsible for any loss or damage that the application may cause. In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the application or for any loss of profits, business, goodwill, or data.
12.2. Any claim against us expires within 12 months after the agreement has come to an end.

13. Complaints
13.1. We value your opinion. Nevertheless, it is possible that for some reason you are not completely satisfied with our application. In such a case, you should submit your complaint without undue delay by contacting our support team.
13.2. We will respond to a question or complaint within 5 calendar days.

14. Applicable law and jurisdiction
14.1. These general terms and conditions, your use of the application, any disputes arising from or in connection with them and all agreements between you and us, shall be governed by and construed in accordance with the laws of the Netherlands.
14.2. Any dispute arising out of or in connection with these general terms and conditions, your use of the application and any applicable agreement shall be resolved by the competent court in Noord-Holland, the Netherlands.