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APPLICATION TERMS AND CONDITIONS
Vasco Connect

  1. PRELIMINARY PROVISIONS
    1. These terms and conditions (the "Terms and Conditions") have been prepared by the owner of the Vasco Connect mobile application (the "Application"), i.e. Vasco Electronics S.A. ("Vasco") and applies to all persons and entities using the application ("User").
    2. The application may include various related software components, multimedia content and electronic documentation developed and provided by Vasco, as well as supplemental software provided by third parties. The operation of the Software depends on third-party software, especially from mobile operating system providers.
    3. Third-party software may be subject to separate terms and conditions and end-user license agreements that are specified by such third parties.
    4. During the first launch of the Application, the User is guided through the process of pairing the device (translation handset), and reading these Terms and Conditions and the Privacy Policy. By selecting the appropriate checkbox, the User acknowledges that he/she has read these Terms and Conditions and accepts the terms of use of the Application and the Privacy Policy provided by Vasco - at this point, the Service Provision Agreement is considered to be concluded by electronic means. You may review these Terms and Conditions and the Privacy Policy through the Application or on the Vasco Electronics website. Failure to give consent in the above regard prevents the use of the Application.
    5. The Service is provided under these Terms and Conditions and commonly applicable laws, and violation by the User of these Terms and Conditions shall cause consequences as set forth herein and in the aforementioned laws.
  2. SERVICES
    1. When using the Application, the User can use its functionality and translations in one of the available modes:
      1. Earbuds mode
      2. Loudspeaker mode
      3. Automatic mode
      4. Vasco Audience mode in Freemium and Premium versions
    2. In order to use the available App modes, it is necessary to pair the App with a dedicated Vasco external device.
    3. The Vasco's provision of Services to the User shall commence as soon as the User uses the Application, and thus accepts these Terms and Conditions and the Privacy Policy. The provision of the Services by Vasco to the User is not limited in time.
    4. The Application is designed for voice and text communications with other Users and translation of such communications (the "Services"). Communications are based on using dedicated external Vasco devices. Users using the App and the handset say phrases which are translated and then played back (textually and audibly) through the device on which the App is installed. The App also allows you to manually enter phrases to be translated. With new developments in technology, the Application may be enhanced, in particular with new methods and forms of translation.
    5. The Application is intended for mobile devices - i.e. User devices (smartphones, tablets), on which the Application may be launched or installed, and which have a latest version of the operating system and access to the Internet via a GSM or Wi-Fi network ("Mobile Device"). The minimum mobile OS requirements are as follows:
      1. Android 6.0
      2. iOS 14
      Pairing and using the App together with a dedicated Vasco external device requires Bluetooth 4.1 on the device on which the App is installed.
    6. Services are provided free of charge, with the exception of:
      1. the data transfer cost incurred by the User when using the application on their mobile device. The data transfer cost depends on the mobile network operator or Internet provider.
      2. Vasco Audience Premium mode. The cost depends on the type of package selected by the user.
    7. Vasco reserves the right to permanently or temporarily suspend the provision of particular functionalities within the Service for security reasons, technical problems or violation of the provisions of these Terms and Conditions or generally applicable laws.
  3. VASCO AUDIENCE
    1. Vasco Audience mode allows communication in a one-to-many or several-to-many format. Using the Vasco Audience mode involves automatic translation of the speaker's words into the languages supported bythe Application.
    2. Using the Vasco Audience mode, the User can act as:
      1. the Speaker - the User initiates a session of one-to-many or several-to-many communication and talks to the audience (hereinafter referred to as the Speaker).
      2. Recipient - the User joins a session initiated by the Speaker to receive a translation of the Speaker's words (hereinafter referred to as the Recipient(s).
    3. In the Vasco Audience mode, the User acting as a speaker can communicate with translation in real-time with a wider audience.
    4. The technical requirements for using Vasco Audience mode depend on the role of the User. The Terms and Conditions specify the technical requirements for the User acting as a Speaker.
    5. The Application prevents using the Vasco Audience mode as a Recipient. The Terms and Conditions for using the Vasco Audience mode as a Recipient are available at: https://vasco-audience.com/Terms_and_Conditions_Vasco_Audience.pdf.
    6. To use the Vasco Audience mode as a Speaker, you must:
      1. install the Application on the Device;
      2. have a dedicated Vasco device;
      3. create user account in the Application (hereinafter refereed to as the Account).
    7. The account provides the User with the ability to use Vasco Audience mode. The User creates an Account from the Application. Creating an Account is voluntary, but it’s necessary to use the Vasco Audience mode.
    8. You may create an Account in one of the following ways:
      1. By filling out the registration form available in the Application;
      2. By authorizing the Account via your existing Google account;
      3. By authorizing the Account via your existing Apple account.
    9. By choosing the Account authorization method described in paragraph 8 item. 2 or 3 above; you acknowledge that your personal information will be shared with Vasco to verify your identity. At the same time, Vasco declares that the data provided will be used only to enable you to log in to the User's Account in the Application.
    10. Registration of an Account using the registration form requires additional authorization by the User. Upon completion of the Account registration process, you will receive an activation link to your provided e-mail address to verify and confirm the Account creation. If logging in via Google or Apple accounts, additional confirmation of Account registration is not required.
    11. Registration and maintenance of the User Account is free of charge.
    12. You may delete your Account at any time by using the "Delete Account" function available in the Application.
    13. Vasco Audience mode when in the Speaker role:
      1. The Speaker initiates a session in Vasco Audience mode via the Account created in the Application.
      2. The Speaker's words are automatically transcribed, translated and sent to Recipients in the languages of their choice.
      3. The Speaker can select the source language of his speech.
      4. The Speaker has a view of the list of Recipients that joined the session.
      5. The Speaker can interact with the Recipients by verbally answering the Recipients' questions displayed to the Speaker in the "Questions" section.
      6. The Speaker can manage the availability of session content to Recipients by activating or deactivating the sharing function.
    14. Vasco Audience mode when in the Recipient role:
      1. Recipients join a Speaker-initiated session via a dedicated Vasco Audience web application (e.g., via a unique session link, QR code or session code provided to them).
      2. Recipients can choose the language of translation from a list of available languages.
      3. The translated text of the Speaker's words is displayed on Recipients' devices equipped with a web browser in the language of the Recipient's choice, in near real time.
      4. Recipients may respond to the Speaker's words to a limited extent by asking questions in a text form.
    15. The Speakers’ personal data in connection with the use of Vasco Audience mode are processed in accordance with the Privacy Policy.
    16. The Speakers’ personal data in connection with the use of Vasco Audience mode are processed in accordance with the Privacy Policy available at https://vasco-audience.com/Privacy_Policy_Vasco_Audience.pdf.
    17. Vasco is committed to making Audience mode translations as accurate and smooth as possible. However, it is important to note that the automated nature and near real-time operation may cause imperfections, delays or inaccuracies in translation. The User hereby accepts such limitations.
    18. The User acting as the Speaker shall be fully and solely responsible for all content transmitted to Recipients in connection with the use of the Vasco Audience mode.
    19. Vasco only provides the User with the functionality to enable communication and its ongoing translation. Vasco does not monitor, review, edit or take any responsibility for the content of Speakers' and Recipients' words.
    20. When the Speaker ends the session, the translation history and the User list are deleted. To end a session, press a dedicated button in the Application and confirm.
    21. When the User logs out of the User Account, this doesn’t mean the session is closed.
    22. Vasco is not responsible for the Speaker’s opinions, views or contents in connection with the use of the Vasco Audience mode.
    23. The Speaker is obliged to:
      1. refrain from distributing illegal content, including content that violates the rights of third parties (e.g. copyright, personal rights).
      2. refrain from distributing content that is offensive, defamatory, vulgar, inciting hate or discrimination based on race, gender, religion, nationality, sexual orientation, political opinion;
      3. refrain from distributing content that violates good morals, ethics or rules of social life;
      4. refrain from using the Vasco Audience mode for commercial, marketing or promotional purposes involving the resale of functionality, without Vasco's express consent;
      5. refrain from using the Vasco Audience mode for activities prohibited by law, e.g., fraud and phishing attempts.
    24. Use of the Vasco Audience mode by the User in violation of the Terms and Conditions may result in temporary or permanent disabling of access to this functionality. This applies in particular if the mode is used for illegal purposes or otherwise in violation of the provisions set forth in paragraph 13 above.
    25. Vasco Audience mode is available to Speakers in two versions:
      1. Freemium;
      2. Premium.
    26. The Freemium version is available to all Application Users free-of-charge after creating an Account. The Freemium version is subject to the following limitations:
      1. The total duration of all sessions initiated in the Speaker mode during a calendar month is limited to 60 (sixty) minutes. Time limits renew automatically at the beginning of each subsequent calendar month. Unused time limit in a given month is not carried over to the next calendar month;
      2. The maximum number of Recipients who can simultaneously join the same session is 15 (fifteen) Recipients;
      3. A maximum of 1 (one) Speaker may be in each session.
    27. Vasco reserves the right to make changes to the limits of the Freemium version, of which Users will be informed in the Terms and Conditions or through other available communication channels.
    28. The Premium version offers Users increased limits and additional functionality, depending on the individually activated Premium package.
    29. The use of the Premium Version is subject to a fee. The fee depends on the type of Premium package agreed with the User.
    30. The Premium Package Activation:
      1. Users interested in the Premium package should contact us via the contact form available in the Application;
      2. Upon receipt of the contact form, a Vasco representative will contact the User to discuss individual needs and prepare a customized Premium package;
      3. Upon acceptance of the terms and conditions of the Premium package and payment of the fee, Vasco will activate the User's Vasco Audience mode in the Premium version. Details of the activated Premium package (including applicable limits and possible additional functionalities, payments, duration, etc.) will be confirmed in a separate correspondence or in the User's account settings in the Application.
    31. The User may start using the Vasco Audience mode in the Premium version after Vasco activates the individual package.
    32. Vasco reserves the right to modify prices, the content of Premium packages and the rules for activation of the Premium versions, informing Users in advance in the Terms and Conditions or through other available communication channels.
    33. In case of the Vasco Audience mode malfunctioning, including, in particular, problems with audio transmission, translation, joining sessions or other factors affecting the quality of the service provided, the User is entitled to file a complaint.
    34. Complaints about the malfunctioning of Vasco Audience mode should be submitted only electronically by sending an email to the dedicated address: support@vasco-electronics.com.
    35. The complaint should include as much detailed information as possible to facilitate the processing of the complaint by Vasco, including in particular a description of the problem.
    36. Complaints will be processed within 14 working days from the date of receipt. The User will be informed about the handling of the complaint in the form in which the complaint was submitted, unless the User indicates another preferred form of contact.
    37. If the complaint is considered legitimate, Vasco will take measures to correct the malfunction of Vasco Audience mode as soon as possible.
  4. LICENSE
    1. Pursuant to these Terms and Conditions, Vasco grants the User, a non-transferable, non-exclusive, territorially and temporally unlimited right for non-commercial use of the Application. In this regard, the right to use the Application includes the following uses:
      1. Use of the Application, and in particular displaying and using it on a Mobile Device;
      2. Launching, storing and using the Application on the Mobile Device.
    2. Due to security and technology reasons, the User's rights to use previous versions of the Application other than the current version shall expire upon receipt or obtaining of the latest version of the Application installed on the Mobile Device.
    3. Certain license terms for third party software or services may require Vasco to provide these license terms to you. The terms and conditions of these licenses are made available to the User to the extent necessary, including a link to where the User can read them.
    4. All rights to use the Application are granted only on a non-exclusive license basis. You do not receive any interest, title or ownership rights to the Application.
    5. When using the Application, you agree to comply with all applicable laws and regulations and not to violate the rights and personal property of third parties.
    6. When using the Application to produce content subject to copyright protection or industrial property rights protection, the User grants Vasco a perpetual, royalty-free, territorially unlimited and non-exclusive license to use such content for the purpose and to the extent necessary for the proper performance of the Services and to ensure the correct operation of the Application. At the same time, the User agrees that Vasco may create translations and developments of this content (derivative works) to the extent covered above.
    7. Transfer of ownership of the Mobile Device with the Application installed by the User does not constitute a transfer of rights and obligations under the Terms and Conditions. The User shall permanently remove the Application from the Device before transferring ownership of the Mobile Device. Vasco does not have the ability to remotely remove the Application and thus the data stored locally on the Mobile Device.
  5. LICENSE RESTRICTIONS
    The user must not:
    1. distribute, copy, rent, publish, modify, amend, adapt or translate the Application (in whole or in part and in a form of the source and object code) or sublicense it;
    2. recreate the source code, decompile or disassemble the Application, create dependent works based on it;
    3. attempt to obtain the source code of the Application from the compiled code;
    4. install previous versions of the Application;
    5. violate laws, regulations, acts relating to copyright, industrial property, antitrust or other rights of Vasco or third parties in connection with your access to or use of the Application;
    6. acquire the Application other than through authorized distribution methods (Google Play, Apple App Store);
    7. use the Application other than in accordance with the license or the Terms and Conditions;
    8. use the Application for commercial purposes, which means the use of the Application for the provision of professional translation services and/or the development of similar software or the inclusion of all and/or part of the Application software to other software, as well as any other use of the Application in a manner competing with Vasco's business.
    9. use the Application in a violation of generally applicable laws and regulations, in particular, the User may not publish content of an unlawful nature such as data and information that carries a risk of compromising the security of the Application, of an insulting or defamatory nature, contrary to the principles of social life, or that violates any property of Vasco or third parties.

    The above restrictions shall apply to the fullest extent permitted by the laws of the applicable jurisdiction.

    If there is any doubt as to the scope of the license granted, ability to use the Application under it should be interpreted narrowly with a restriction to a private and personal use related to the primary purpose of the Application.

  6. SERVICES AND UPDATES
    1. Vasco may provide you with updates, upgrades or services related to the Application. Some updates, upgrades or services may change the current settings of the Application, result in loss of data or content, or in inability to use certain features, or temporarily prevent you from using the Application (for the duration of the upgrade or maintenance).
    2. Updates can be applied automatically using Wi-Fi or mobile data. You agree to download and install Application updates in the background.
    3. You shall not bear any additional costs for updating the Application other than possible mobile data costs at the operator's rate.
  7. THIRD PARTY CONTENT

    The Application may display or provide the User with links or cross-references to contents or sites operated or maintained independently by third parties. Vasco and its affiliates do not control, operate, monitor, endorse, recommend or sponsor third-party links and content. Vasco shall not be liable to the User for third-party links and content. The User uses third-party links and content at their own risk and bears all responsibility and consequences thereof.

  8. INFORMATION COLLECTION
    1. For the purpose of implementing the Terms and Conditions, processing complaints, or safeguarding the legally protected interests of Vasco, Users, or third-party software providers, Vasco and third parties may process data necessary due to the type and scope of the Services provided.
    2. Vasco and third parties in providing the Services may also collect and obtain information about the use of the Application and the Mobile Device (without viewing the content stored on it). Such information may be used for system monitoring/diagnostics, marketing, analytics and to track User behavior.
    3. The application may ask for permission to access other components of the Mobile Device such as the device's memory, microphone or camera. In order to use the full functionality of the Application, the User should grant access to the components.
    4. Where the User grants appropriate permissions, Vasco may process and analyze the content entered into the Application by the User (textual content, image, voice content), as well as their translations, for the purpose of analysis aimed at better understanding Users' needs, improving the quality of the Services provided, enhancing the security of the Device or Application, creating new technological solutions, as well as researching the purposes for which Users use the Devices and Services. The purpose of the analysis is not to obtain personal data of Users or third parties, but it may happen for the analyzed text to include also personal data or information that in combination with other data may constitute personal data. In the case the personal data of third parties are provided in this way, the User declares that he/she has all the consents of these persons to provide their data and that he/she has fulfilled the relevant information obligation towards these persons.
    5. For details on how this data is used and to whom the User may direct questions, please refer to the Privacy Policy.
  9. LIMITATION OF LIABILITY
    1. The User is solely responsible for the manner and purpose of using the Application. Vasco is not responsible for any negative consequences of the User's use of the Application.
    2. The application is provided "as is" and "as available" and may be subject to periodic maintenance and updates, and its functionality may change (while maintaining the basic functionality of the translation software).
    3. Vasco and third-party providers of the Services, to the extent permitted by applicable law, disclaim any warranties relating to:
      1. Compliance, accuracy, timeliness, completeness, reliability and security of the results from the Application;
      2. The suitability of the product for the user's intended purpose;
      3. Continued User Satisfaction.
    4. Vasco does not guarantee that the Application will be free from interruptions or minor errors due to the nature of the Services provided and technical or technological limitations.
    5. Vasco shall not be responsible for any interruptions or problems in the operation of the Application that are caused by an act or omission on the part of the User or are caused by the need to perform relevant updates and maintenance of the Application. In particular, Vasco is not responsible for interruptions and problems with the Services of third parties and intermediate service providers (e.g., communication interruptions, shutdown of translation software).
    6. To the extent permitted by applicable law, Vasco will not be liable in any case for damages (property damage and lost profits) related to the operation of the Application. Where the applicable law do not allow exclusion of the aforementioned liability, the Parties agree that Vasco's liability shall be limited to the amount paid by the User's for the purchase of the Application.
    7. In the event that Vasco reasonably suspects the Application is used for purposes violating the Terms and Conditions, the License, or generally applicable laws, Vasco shall be entitled to notify the relevant state authorities and provide them with data regarding the Application and the User.
    8. Vasco shall not be liable for non-performance or improper performance of the provisions of the Terms and Conditions in case it is caused by circumstances beyond Vasco's control, which could not have been foreseen and counteracted (force majeure). In case of force majeure, the performance of the Service shall be suspended for a period equal to the duration of the force majeure.
  10. VIOLATION OF THE TERMS AND CONDITIONS, TERMINATION AND REMEDIES

    Where Vasco determines that the User has violated the Terms and Conditions, including, in particular, violation of the terms of the license, use of the Application for commercial purposes or in violation of the law, Vasco may take any action to protect its interests and the interests of other Users and/or third parties, including, but not limited to, temporarily or permanently prevent access to or use of all or part of the Application, block access to the Services, suspend or delete the User's account, and take any other action as may be necessary to prevent unauthorized use of the Application. Vasco reserves the right to take all available legal steps in case of violation of the Terms and Conditions and generally applicable laws.

  11. UPDATES

    The User is always bound by the provisions of the current version of the Terms and Conditions. Vasco may update these Terms and Conditions at any time. The current version of the Terms and Conditions in printable form can be found at https://vasco-electronics.co.uk/terms-and-conditions-vasco-connect. The User will be notified of changes to the Terms and Conditions in advance. In the event of any changes affecting rights of any Party hereto, continued use of the Application will require the User's acceptance of the latest version of the Terms and Conditions.

  12. CONTACT AND COMPLAINTS
    1. The User has the right to file a complaint regarding the functioning of the Application and the Services provided.
    2. When submitting a complaint, the User should include information that allows identifying the User, i.e. name and e-mail address, as well as reasonable objections and comments regarding the Application.
    3. If you have any questions or want to make a complaint about the performance of the Application, please contact us at: support@vasco-electronics.com.
    4. The complaint will be processed immediately, no later than 14 days after the submission. Notification of how the complaint will be handled will be sent to the email address provided in the submitted complaint.
    5. Complaints that do not meet the requirements specified in Section 2 above will not be processed.
  13. MISCELLANEOUS
    1. These Terms and Conditions are governed by Polish law. The above provision does not exclude the application of mandatory provisions enforced by the law applicable to the User. The User expressly acknowledges the exclusive jurisdiction of the court of general jurisdiction of Vasco.
    2. Vasco stipulates that all descriptions, graphics, sounds and other materials available on the Application are protected by copyright laws. The user has the right to use them only within the permitted personal use. Copying, reproduction, distribution in any form and other forms of use of materials available in the Application beyond the limits of permitted use is prohibited.
    3. Where, due to mandatory regulations, the laws of another country will apply to the Terms and Conditions - they shall be applied so as to reflect the rights and obligations under the Terms and Conditions to the fullest extent possible.
    4. If any disputes arise, the User may turn to an amicable (arbitration) court to mediate or reach an agreement (the User may use Alternative Dispute Resolution (ADR)). For this purpose, you must provide Vasco with a request for mediation or a request for dispute resolution by the arbitration tribunal, depending on your intentions.
    5. If a competent court or authority finds any provision of these Terms and Conditions to be invalid, redundant or unenforceable, that provision or any part thereof shall, to the extent applicable, be interpreted so as to give it effect to the fullest extent permissible, and the remaining terms and conditions shall remain unchanged and continue to be in effect subject to modifications resulting from the invalidity of other provisions.
    6. The Terms and Conditions are concluded at the time of acceptance of the Terms and Conditions on the Device when performing the first action related to the use of the Application.
    7. The Terms and Conditions are concluded for an indefinite period of time and may be terminated by either Party at any time, without justification, with immediate effect, by delivering an appropriate notice to the other Party via e-mail. Effective termination of the Terms and Conditions means cancellation of the Services and requires cessation of use of the Application. Termination on the part of Vasco may occur, in particular, if there is a violation of the provisions of these Terms and Conditions, for security reasons or if there is a violation of the law or the rights of other Users.
    8. These Terms and Conditions have been drawn up in Polish and translated into other languages. In case of discrepancies between the Polish version and its translations, the Polish version shall prevail. If the contents of these Terms and Conditions are not clear or fully understood, the User may, in any case, contact Vasco at the e-mail address: support@vasco-electronics.com to translate or clarify the content of the Terms and Conditions.