These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "Customer") and PackVision ("PackVision", "we", "us" or "our") governing your access to and use of the PackVision platform, software and services (collectively, the "Service").

By registering an account or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you are accessing the Service on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you are not authorised to use the Service and must stop immediately.

1. Definitions

In these Terms, unless the context requires otherwise:

"Confidential Information" means any non-public information of a party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including our Intellectual Property and your Customer Data.
"Customer Data" means all data, content and information owned or created by you or your Authorised Users that is uploaded to, generated by, or stored using the Service, including barcode scan records and video recordings.
"Authorised Users" means your employees, contractors, or other individuals you authorise to access the Service under your account.
"Fees" means the subscription fees applicable to your chosen plan as set out on our pricing page, as updated from time to time.
"Force Majeure Event" means any event beyond a party's reasonable control, including natural disasters, acts of government, power failures, internet outages, or other events that could not have been prevented by reasonable precautions.
"Intellectual Property Rights" means all copyright, trade marks, patents, designs, trade secrets and other intellectual property rights, whether registered or unregistered.
"Service" means the PackVision cloud platform, scanner application, web portal, APIs and any related software or services provided by PackVision.
"Start Date" means the date on which you register an account or first access the Service, whichever is earlier.

2. Provision of the Service

PackVision will use reasonable efforts to provide the Service in accordance with these Terms, exercising reasonable care, skill and diligence. The Service is provided on a non-exclusive basis; we may provide it to other customers.

We aim to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted or error-free availability. We may perform scheduled or emergency maintenance from time to time and will use commercially reasonable efforts to provide advance notice of any planned downtime.

The Service may integrate with or depend on third-party services and APIs (such as cloud storage or payment processing). We make no warranty regarding the continued availability of such third-party services and may modify or discontinue integrations if third-party providers change or withdraw their services.

We reserve the right to limit or throttle your use of the Service if your usage significantly exceeds normal usage patterns or the limits of your subscription plan.

Free trial

We offer a 14-day free trial from the Start Date. During the trial, the Service is provided "as is" and all warranties are excluded to the fullest extent permitted by law. No fees are payable during the trial period. You must subscribe to a paid plan to continue using the Service after the trial ends. If you do not subscribe, clause 12 (Termination) will apply.

3. Eligibility and account registration

You must be at least 18 years old and have the legal authority to enter into a binding contract on behalf of yourself or the organisation you represent. By using the Service, you represent that you meet these requirements.

You must register an account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at info@packvision.io if you suspect any unauthorised access to or use of your account.

You are responsible for ensuring that all Authorised Users comply with these Terms. Any breach of these Terms by an Authorised User is deemed a breach by you.

4. Acceptable use

You and your Authorised Users must use the Service only for lawful internal business purposes. You must not:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
Attempt to gain unauthorised access to the Service, other accounts, or our underlying systems.
Transmit malware, viruses, or any malicious or harmful code through the Service.
Reverse-engineer, decompile, disassemble or attempt to derive the source code of any component of the Service.
Copy, reproduce or resell the Service or any part of it without our prior written consent.
Use the Service to record, store or process data in violation of any third party's rights, including privacy, intellectual property or other legal rights.
Transmit content that is defamatory, obscene, harassing, threatening, harmful or otherwise objectionable.
Impersonate any person or entity or misrepresent your authority to act on behalf of any person or entity.
Take any action that undermines the integrity, security or performance of the Service or its underlying infrastructure.
Exceed the usage limits of your subscription plan.

5. Your data

You retain full ownership of all Customer Data. By using the Service, you grant PackVision a limited, non-exclusive, worldwide licence to store, process and use Customer Data solely to the extent necessary to provide and operate the Service and fulfil our obligations under these Terms.

You are solely responsible for ensuring that your collection and processing of Customer Data — including video recordings of individuals at your premises — complies with all applicable laws. You must obtain all necessary consents from individuals who may be captured in recordings before using the Service to record them.

You must arrange for PackVision to have any necessary permissions or consents to access Customer Data for the purpose of providing the Service, including technical support.

You indemnify PackVision against any claims, losses, costs or liabilities arising from any allegation that your Customer Data infringes a third party's rights or violates any applicable law.

6. Fees and payment

Subscription fees

Subscription fees are billed in advance on a monthly or annual basis as selected at checkout. Applicable fees are set out on our pricing page and may be updated in accordance with clause 15. All payments are processed securely by Stripe.

Cancellation and refunds

You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of your current billing period — you will retain access to the Service until that date. Fees are non-refundable and no refunds or credits are given for partial or unused periods, except where required by applicable consumer protection law.

Failed payments

If a payment fails, we will notify you and may suspend access to the Service until payment is received. We reserve the right to terminate your account if fees remain outstanding after a reasonable period.

Price changes

We may change our pricing at any time with at least 30 days' written notice. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

7. Intellectual property

All Intellectual Property Rights in the Service, including the software, platform, designs, trade marks, documentation and underlying systems, are owned by or licensed to PackVision. Nothing in these Terms transfers any Intellectual Property Rights to you.

You may not copy, modify, adapt or create derivative works from any part of the Service without our prior written consent.

If you provide feedback, suggestions or ideas about the Service, all Intellectual Property Rights in that feedback and anything created from it are owned solely by PackVision, and we may use it for any purpose without restriction or compensation to you.

The Service may contain links to third-party websites. Such links do not imply any endorsement or approval by PackVision, and we are not responsible for the content or practices of those websites.

8. Confidentiality

Each party agrees to keep the other party's Confidential Information confidential, to use it only for the purposes of these Terms, and to disclose it only to personnel or advisers who need to know it and who are bound by equivalent confidentiality obligations.

These obligations do not apply to information that:

is or becomes publicly available through no fault of the receiving party;
was already known to the receiving party at the time of disclosure;
is independently developed by the receiving party without use of the Confidential Information; or
is required to be disclosed by law or a court or regulatory authority.

Confidentiality obligations under this clause survive termination of these Terms.

9. Warranties and disclaimers

Each party warrants that it has full power and authority to enter into and perform these Terms.

To the maximum extent permitted by law, PackVision provides the Service "as is" and "as available". We make no representation or warranty, express or implied, that the Service will meet your specific requirements, be suitable for a particular purpose, be secure, free of viruses, uninterrupted, or error-free.

Where legislation implies conditions or warranties that cannot be excluded, those conditions or warranties are included. However, our liability for any breach of such implied terms is limited, at our option, to resupplying the relevant Service or paying the cost of having it resupplied.

10. Limitation of liability

To the maximum extent permitted by law, PackVision's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service — whether in contract, tort, statute or otherwise — is limited to the total fees you paid to PackVision in the 12 months immediately preceding the event giving rise to the claim.

Neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, revenue, anticipated savings, business, goodwill, data or business interruption, even if that party has been advised of the possibility of such damages.

Neither party is responsible for any failure to perform obligations caused by the other party's non-compliance, negligence or misconduct. Each party must take reasonable steps to mitigate any loss or damage arising under these Terms.

11. Indemnification

You agree to indemnify, defend and hold harmless PackVision and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with:

your use of the Service;
your breach of these Terms;
your violation of any third party's rights; or
any claim that your Customer Data infringes a third party's rights or violates any applicable law.

12. Term, termination and suspension

These Terms commence on the Start Date and continue until terminated by either party in accordance with this clause.

Either party may terminate these Terms immediately by written notice if the other party:

materially breaches these Terms and fails to remedy the breach within 10 days of written notice; or
becomes insolvent, enters administration, liquidation or bankruptcy, or ceases to carry on business.

We may also suspend or terminate your access to the Service immediately, without notice, if you or any Authorised User breaches clause 4 (Acceptable Use), fails to pay fees when due, or if we are required to do so by law.

Upon termination, your right to access and use the Service ceases immediately. We will retain your Customer Data for up to 90 days following termination to allow you to export any data you require. After that period, your Customer Data will be permanently deleted. You are responsible for exporting any data you need before cancellation or termination.

Termination does not affect any accrued rights or obligations of either party prior to termination. You remain liable for all fees owing up to the date of termination.

13. Force majeure

Neither party is liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by a Force Majeure Event. The affected party must notify the other party promptly and take reasonable steps to minimise the impact of the Force Majeure Event.

14. Changes to these Terms

We may update these Terms from time to time for legal, operational or regulatory reasons. We will provide at least 14 days' notice of material changes via email or a notice on our website. The updated Terms will show a revised effective date.

Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the changes take effect.

15. General

Entire agreement

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements, representations and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed, and the remaining Terms will continue in full force and effect.

Waiver

A party's failure or delay in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy. Any waiver must be in writing to be effective.

Assignment

You may not assign, transfer or novate any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate or successor entity without your consent, provided we notify you in writing.

Survival

Clauses 5 (Your Data), 7 (Intellectual Property), 8 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnification) and 12 (Termination) survive expiry or termination of these Terms.

Relationship of the parties

PackVision is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

16. Contact us

For questions or notices relating to these Terms, please contact us at:

PackVision
Email: info@packvision.io
Website: https://www.packvision.io