The following Terms of Services (this “Agreement”) are a legal agreement between You (“You” or “Your”) and Viscovery, Inc. (“Viscovery”) and govern Your access to and use of Viscovery’s services, which include any websites, applications, API, or any other ways Viscovery allows You to engage with us (collectively, part of the “Services”).
- Scope of Applications
“The Services” shall mean the provision of AI image recognition system by Viscovery to You for use in the terminal equipment at the designated sites for product image recognition (details as stated in Section2 Scope of Services below).
- Scope of Services
The Services shall include the following services:
2.1 AI Image Recognition Client Software (VisAgent): VisAgent runs in local computing device and provides a graphical user interface (GUI) to call Viscovery’s cloud server and display image recognition results. VisAgent can also be configured to call and return recognition results in JSON format using API.
2.2 Visual Content Management System (VCMS): a web management system (web application) for user to provision, manage, and maintain AI recognition system’s product image data.
2.3 AI Recognition Cloud Service: Cloud-based servers providing image recognition service. Viscovery recommends a 10Mbps upload bandwidth to connect to the cloud server.
- Cloud Service Disruption Guidelines
3.1 Viscovery shall maintain the normal operation of the Services and shall repair any obstruction as soon as possible. Where any damage is incurred due to the obstruction of the Services and the consequent disruption, Viscovery shall not be liable for any damages (e.g., business disruption, cost of alternative solutions), other than the deduction of the monthly license fees (“License Fees”) according to Section 3.2 of this Agreement.
3.2 If Viscovery fails to provide continuous AI Recognition Cloud Service under Section 2.3 due to system malfunctions, force majeure events, or maintenance needs and such failure remains unresolved for more than twelve (12) to twenty-four (24) consecutive hours, the License Fees for one (1) day will be deducted (This shall be calculated as a unit of twelve (12) consecutive hours. No deduction shall be made if the failure continues for ten (10) consecutive hours. If the failure continues for twenty-six (26) consecutive hours, the License Fees for one (1) day will be deducted.); however, no deduction shall be made if the disruption cannot be attributed to Viscovery, including malfunctions of the external network or equipment of the cloud platform, insufficient bandwidth unattributable to Viscovery’s Services, unauthorized access, or acts violating Viscovery’s terms, policies or principles published on Viscovery’s official website (including but not limited to this Agreement, the Privacy Statement or EULA, etc.).
3.3 The commencement time of the failure to provide the Services specified in the preceding Section shall be based on the actual time of occurrence recorded in Viscovery’s system.
- Technical Support
4.1 Viscovery shall provide technical support for the Services during working hours (including troubleshooting of usage problems not specified in the operation manual).
4.2 The working hours are from 9:00 a.m. to 18:00 p.m., Monday to Friday, excluding national holidays Taiwan Time. Viscovery may provide support via phone, E-MAIL, or remote connection upon receipt of the request.
Viscovery may deploy upgrades, updates or replacement solutions (“Updates”) to any Services without seeking Your permission or consent, and as a result of any such deployment, You may not be able to use the Services (or certain features of the Services) until the Updates are fully installed or activated. For purposes of this Agreement, each Updates is part of the Services. Updates may include the addition or removal of any feature or specific functionality provided by the Services, or even the complete replacement of the Services, and the content, features and functionality of the updated Services may be determined by Viscovery in its sole discretion. Viscovery is not required to provide an option for You to reject or delay an update. However, in any event, You may be required to download, allow the installation of, or activate all available Updates in order to obtain the maximum benefit from the Services. Viscovery may cease providing support for the Services until You accept and install or activate any Updates. Viscovery may determine when Updates are available and whether they are correct, and are not obligated to provide any updates to You. Viscovery may, in its sole discretion, discontinue providing Updates to any version of the Services that is not the most current version, or may discontinue providing Updates to the Services that are required to use any version of the operating system, email program, browser program, and other software that is compatible with the Services’ designation.
Effective: February 15, 2023