Terms & Conditions
WHEREAS
A. These Terms and Conditions (the "Terms") which may be amended from time to time, set out the rights and obligations governing the relationship between us, CamCom, s.r.o., a company incorporated in the Slovak Republic, ID No.: 54 691 168, with its registered office at Zimná ul. 411/6, 945 01 Komárno, Slovak Republic ("CamCom"), specializing in the provision of software solutions, specifically the augmented reality virtual try-on software solution, as a software-as-a-service, and you as our client (the "Customer"); CamCom and the Customer collectively referred to as the "Parties" and individually as the "Party".
B. CamCom is a company developing the platform Auglio, an industry-agnostic AI-powered platform for visual inspections built on a computer vision stack ("Auglio Platform").
C. By signing the Order Form (the "Order") of which these Terms are an integral part (including via online means and tools), you confirm that you have read the Order and these Terms and agree to be bound by and comply with them (the "Contract").
NOW, THEREFORE, the Parties have agreed as follows:
1. DEFINITIONS
In these Terms, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:
1.1. "Auglio Platform" means an industry-agnostic AI-powered platform for visual inspections built on a computer vision stack developed by CamCom.
1.2. "CamCom" refers to CamCom s.r.o., a company incorporated in the Slovak Republic, as defined in the introduction of these Terms.
1.3. "Customer" refers to a natural person or an entity entering into the Contract with CamCom, as defined in the introduction of these Terms.
1.4. "End Customer" means a third party authorized by the Customer to access and use the Services in accordance with these Terms.
1.5. "Force Majeure Event" means an event beyond the reasonable control of a Party, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, or any other circumstances that could not have been reasonably foreseen or prevented by the affected Party.
1.6. "Minimum Contract Term" means the minimum duration specified in the Order during which the Customer is committed to using the Service, as specified in Section 7.2.1 of this Agreement.
1.7. "Order" means the document of which these Terms are an integral part, outlining the specific terms and conditions of the Services provided by CamCom to the Customer.
1.9. "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection and privacy laws and regulations, including the General Data Protection Regulation (GDPR).
1.10. "Services" refers to the Augmented Reality software solution provided by CamCom to the Customer as a software-as-a-service (SaaS) via the internet, including its Virtual Try-On and PD measurement modules.
1.11. "Subscription Fee" refers to the periodic payment to be made by the Customer to CamCom for the use of the Services, as detailed in Section 9 of these Terms.
1.12. "Support Services" refers to the standard technical support and assistance provided by CamCom to the Customer in relation to the Services, as set out in Section 4.
1.13. "Terms" means these Terms and Conditions, to the exclusion of any other document; for the avoidance of doubt, under no circumstances may the Customer's terms and conditions, or any third party terms and conditions, whatever their form or medium, be applicable to the Services or be enforced on CamCom.
All other terms used in these Terms shall be interpreted in accordance with their ordinary meaning unless the context otherwise requires.
2. INTERPRETATIONS
In order to clarify and expand on any ambiguous terms used in these Terms, the following explanations are provided:
2.1. "Internet" refers to the global system of interconnected computer networks that use the internet protocol suite (TCP/IP) to communicate between networks and devices.
2.2. "Update" means any modification, improvement, enhancement, or bug fix of the Services provided by CamCom that does not constitute a new version or a separate product.
2.3. "Domain" refers to the website address (URL) where the Services will be accessible to the Customer and its End Customers, as specified in the Order.
2.4. "Scheduled Maintenance" refers to planned downtime for the Services in order to perform necessary maintenance, updates, or improvements, as specified in Section 6.2 of these Terms.
2.5. "Downtime" refers to any period during which the Services is unavailable or non-functional due to technical issues, maintenance, or other factors, as described in Section 3.6 of these Terms.
2.6. "Text or Written Form" refers to any form of written communication, including but not limited to email, facsimile, or physical letters, used by the Parties to provide notices, reports, or any other correspondence required under the Contract.
3. SERVICES
3.1. The subject matter of the Contract is the provision of the augmented reality virtual try-on software solution ("Services") designated in the Order for use by the Customer (and/or the End Customers as per Article 3.4) via the internet in return for payment. To the extent agreed upon in the Contract, the subject matter of the Contract also includes the provision of agreed-upon standard support services by CamCom in accordance with the Contract. No other services than the Services strictly designated in the Order will be provided by CamCom.
3.2. CamCom will provide the functions of the Auglio Platform to the Customer in accordance with the Contract during the whole duration of the Contract as specified in Section 8 of these Terms as a software-as-a-service (SaaS) for access and use via the internet.
3.3. The Customer is not permitted by CamCom to use the Services beyond the scope of the Contract. In particular, neither the Customer nor the End Customers are authorized to:
a) reproduce, distribute, or make publicly available the Services or parts thereof, except to the extent necessary for their contractual use;
b) remove, obscure, or alter copyright notices and similar information;
c) grant unauthorized access of third parties to the Services or its functions or to tolerate such access; or
d) copy, load, or disclose any software used to operate or provide the Services, or any software underlying the Services, in whole or in part.
3.4. For the avoidance of doubt, the Contract is not a contract for the benefit of third parties. In particular, End Customers cannot demand any services from CamCom based on the Contract. The Customer may, in its own name and for its own account, allow End Customers to access the Services themselves via the internet and to use the functions of the Services intended for End Customers.
3.5. In addition, CamCom supports the standard implementation and onboarding of the Services. Unless otherwise expressly set forth and agreed in an Order, CamCom shall not provide specific or dedicated implementation and/or onboarding Services to the Customer.
3.6. For the avoidance of doubt, any downtime or defect in the provision of the Services caused directly or indirectly by any of the following shall not be considered a breach of the Contract:
a) a Force Majeure Event;
b) a fault or failure of the internet or any public telecommunications network;
c) a fault or failure of the Customer's computer systems or networks;
d) any breach by the Customer of the Contract; or
e) scheduled maintenance carried out in accordance with the Contract.
3.7. CamCom may update the Services at any time, even without the separate consent of the Customer, and otherwise make reasonable changes, in particular, to adapt it to a changed legal situation, or technical developments or to improve IT security.
4. SUPPORT SERVICES
4.1. CamCom shall provide support services to the Customer during business hours, on every weekday, i.e., every business day from Monday to Friday, UTC+1 ("Support Services").
4.2. CamCom shall provide the Support Services with reasonable skill and care.
4.3. Unless otherwise expressly set forth and agreed in an Order, CamCom shall not provide specific or dedicated Support Services to the Customer.
5. PRODUCT IMPLEMENTATION
5.1. The Customer may link its products with the products in CamCom's database in its account and use the product images and product data in accordance with the Contract.
5.2. The Customer may upload and update its products and catalog manually in its account or import via product feed.
5.3. CamCom may use the Customer's product images and product data to improve and expand CamCom's database and services.
6. OPERATION AND PROVISION OF THE SERVICE
6.1. CamCom will make the Services available to the Customer within the scope of the agreed availability for access and use via the internet. The Services will be accessed using a common browser in accordance with the minimum technical requirements. The list of the minimum technical requirements is available here: https://auglio.com/en/knowledge-base/article/21-system-requirements
6.2. CamCom operates regular system maintenance of the Services and, for this purpose, is entitled to restrict the system's operation or completely stop it for a certain time. CamCom shall notify the Customer via the website of the Services about regular and planned closures lasting more than 15 minutes at least 1 hour in advance. CamCom is also entitled to limit or interrupt the system's operation for the time required to remove defects or other defects affecting the system's functionality.
7. DURATION AND TERMINATION
7.1. Unless the Parties agree otherwise in writing, the Contract is subscribed for the Minimum Contract Term (as specified in the Order).
7.2. Either Party may terminate the Contract as follows:
7.2.1. In the period of the Minimum Contract Term, if either Party notifies the other Party at least three (3) calendar months prior to the end of the Minimum Contract Term in writing of its intention to terminate the Contract, the Contract shall terminate at the end of the Minimum Contract Term.
7.2.2. In the subsequent period of twelve (12) consecutive calendar months immediately following the lapse of the Minimum Contract Term, and thereafter in each subsequent period of twelve (12) consecutive calendar months immediately following the lapse of the immediately preceding period of twelve (12) consecutive calendar months, if either Party notifies the other Party at least one (1) calendar month prior to the lapse of the given twelve (12) calendar month period in writing of its intention to terminate the Contract, the Contract shall terminate on the last day of the given twelve (12) calendar month period.
7.2.3. Either Party may terminate the Contract immediately upon written notice if the other Party commits a material breach of the Contract that is not remedied within 30 days of receiving written notice of such breach from the non-breaching Party.
7.2.4. Either Party may terminate the Contract immediately upon written notice if the other Party becomes insolvent, enters into bankruptcy, receivership, or any other similar proceeding, or ceases its business operations.
7.2.5. Any termination of the Contract under this Section 7.2 shall be without prejudice to any other rights or remedies that the terminating Party may have under the Contract or applicable law.
8. PAYMENTS
8.1. The Customer shall pay subscription fees as outlined in the Order ("Subscription Fees"). The Subscription Fees are due on the first day of each contractual period of the subscription unless the Parties agree otherwise in writing.
8.2. Additionally, the Customer shall pay other fees as outlined in the Order ("Other Fees"). Other Fees are due within ten (10) days from the execution of the Order.
8.3. The Customer shall make payments using an acceptable method specified by CamCom in the Order, which may include credit card, bank transfer, or any other method agreed upon by both Parties in writing.
8.4. If the Customer fails to make a payment by the due date, CamCom may, at its discretion, charge a late fee equal to the lesser of 1.5% per month or the maximum rate allowed by applicable law. CamCom may also suspend the Customer's access to the Services until all outstanding payments, including any applicable late fees, are received.
8.5. For the avoidance of doubt, the suspension of the Customer's access to the Services according to Article 8.4 shall not (i) constitute a breach of any obligation of CamCom according to the Contract or any other agreement between the Parties; (ii) give the Customer the right to terminate the Contract or any other agreement between the Parties; and/or (iii) relieve the Customer from paying the Subscription Fees, Other Fees, or any other payments for the provision of the Services for the remaining duration of the Contract (including the period in which the Customer's access to the Services has been suspended pursuant to Article 8.4).
8.6. The Customer expressly acknowledges and agrees that all fees and charges specified in the Contract are exclusive of any applicable taxes, including but not limited to value-added tax (VAT), withholding tax, sales tax, or any other taxes or duties that may be levied on the provision of the Services. The Customer shall be responsible for the payment of all such taxes, excluding taxes based on CamCom's net income.
8.7. All payments made under the Contract shall be in the currency specified in the Order unless otherwise agreed upon by the Parties in writing.
8.8. All prices shall be adjusted annually to reflect the upward variation of European index HICP.
9. WARRANTIES
9.1. Each party warrants that:
a) it has the legal right and authority to enter into the Contract and to perform its obligations under the Contract; and
b) it will comply with all applicable legal and regulatory requirements, including but not limited to applicable data protection and privacy laws and regulations.
9.2. CamCom warrants to the Customer that it has or has access to all necessary know-how, expertise, and experience to perform its obligations under the Contract.
9.3. The Customer warrants to CamCom that it has all necessary rights, licenses and authorization to:
a) select the products in CamCom's database;
b) entrust products to CamCom for digital creation purposes; and
c) display, distribute or otherwise market such products on the Domain or any other medium to the End Customers or any third party.
The Customer discharges CamCom from all liability related to such warranty and shall hold CamCom harmless from any related claims, demands, losses, costs including judicial and extra-judicial costs arising from any legal action, damages, actions, suits or proceedings and by whomever made, brought, or prosecuted and in any manner based upon.
9.4. The Customer acknowledges that the Services are provided "as is" and that complex software such as the Auglio Platform is:
a) never wholly free from defects, errors, and bugs; and
b) never entirely free from security vulnerabilities.
10. CONFIDENTIALITY
10.1. Both Parties acknowledge that any information of commercial, economic, financial, technical, legal, manufacturing, organizational, or any other nature obtained in the course of their cooperation which is not generally available to the public (the "Confidential Information") is strictly confidential.
10.2. For the purposes of the Contract, the following information shall not be considered as Confidential Information:
a) the information which is or becomes identifiable from public sources other than by a breach of the Contract;
b) information in respect of which the disclosing Party agrees in writing in advance that such information is not confidential or may be disclosed to third parties; and
c) information required by law, court or administrative decision to provide any Confidential Information to the court or administrative authority; in any such case, the Confidential Information may only be disclosed to the extent required by applicable law or court or administrative decision, and, if applicable by law, the Customer must be promptly notified of any such disclosure of the Confidential Information.
10.3. Each Party agrees to:
a) preserve and protect the confidentiality of the other Party's Confidential Information;
b) refrain from using the other Party's Confidential Information except as contemplated herein; and
c) not disclose such Confidential Information to any third party except to employees and subcontractors as is reasonably required in connection with the exercise of its rights and obligations under the Contract (and only subject to binding use and disclosure restrictions at least as protective as those set forth herein).
11. INTELLECTUAL PROPERTY RIGHTS
11.1. CamCom's database and services, including but not limited to the Auglio Platform, and all worldwide intellectual property and proprietary rights therein and related thereto, including, without limitation, all patents, copyrights, trademarks, trade secrets, moral rights, sui generis rights, and other rights in databases, and all rights arising from or pertaining to the foregoing rights ("Intellectual Property Rights"), are and will remain the sole and exclusive property of CamCom. Except to the limited license granted as per Article 11.2, all rights in and to the Auglio Platform are reserved by CamCom.
11.2. Subject to the Contract, CamCom hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services solely for the Customer's business operations and for providing access to the Services to its End Customers, as specified in the Contract.
11.3. The Customer shall not, and shall ensure that its End Customers, and their respective End Customers as the case may be, do not, copy, reproduce, modify, reverse engineer, decompile, disassemble, create derivative works from, distribute, sublicense, or otherwise exploit or use the Services, any materials or documentation provided by CamCom, or any software underlying the Services, in whole or in part, except as expressly permitted under the Contract.
11.4. Notwithstanding Section 11.2, the Customer acknowledges and agrees that the Auglio Platform uses certain open-source elements and libraries, including, for illustration purpose, the following: Laravel, jQuery, Vue, Vite, Mediapipe, PHP, JavaScript, ThreeJS, PixiJS, for which the terms and conditions of the respective open-source licenses apply. However, the use of such open-source elements in the Auglio Platform does not affect the usability of the Auglio Platform in accordance with the Contract and its purpose.
11.5. The Customer acknowledges that the Auglio Platform may include third-party software code or components (such as frameworks, libraries, modules, application interfaces, tools, graphic objects, etc.) protected by such third party's intellectual property rights.
11.6. The Customer retains all Intellectual Property Rights in and to its products, content, and materials provided to CamCom in connection with the use of the Services, including, but not limited to, product images, product data, logos, and trademarks. The Customer grants CamCom a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, display, and distribute the Customer's Intellectual Property Rights solely for the purpose of providing the Services and any Support Services under the Contract.
11.7. If a third party asserts an infringement of rights against the Customer through the Services, the Customer will immediately notify CamCom thereof in text or written form. In the event of any such infringement claim, CamCom may, at its sole discretion and expense (i) modify the Services to make it non-infringing, (ii) obtain a license for the Customer's continued use of the Services, or (iii) terminate the Contract and refund any unused, prepaid Subscription Fees and prepaid Other Fees to the Customer.
11.8. No other rights or licenses are granted under the Contract, either expressly or by implication, estoppel, or otherwise, except as expressly provided in the Contract.
12. INDEMNITY AND LIMITATION OF LIABILITY
12.1. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT:
12.1.1. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ASSESSING AND EVALUATING THE SUITABILITY OF THE SERVICE FOR THE CUSTOMER'S REQUIREMENTS;
12.1.2. THE CUSTOMER SHALL ENSURE THAT THE SERVICE DOES NOT INTERFERE WITH OTHER COMPONENTS OF THE CUSTOMER'S TECHNOLOGY ENVIRONMENT AND THAT IN PARTICULAR, BUT NOT LIMITED TO, ALL COMPUTER HARDWARE AND OTHER SOFTWARE AND FIRMWARE USED IN CONJUNCTION WITH THE SERVICE IS FREE OF DEFECTS AND DOES NOT ADVERSELY AFFECT THE OPERATION OR PERFORMANCE OF THE SERVICE;
12.1.3. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON DEVICES USING THE SERVICE (WHETHER SUCH CONTENT IS DISPLAYED BY THE CUSTOMER, THE USER, OR ANY OTHER PERSON OTHER THAN CAMCOM) AS WELL AS FOR FULL COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, AND RIGHTS OF THIRD PARTIES, IN PARTICULAR, INTELLECTUAL PROPERTY RIGHTS;
12.1.4. THE CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD CAMCOM HARMLESS FROM ALL CLAIMS MADE AGAINST AND ALL LIABILITIES, REASONABLE COSTS, PROCEEDINGS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE LEGAL AND OTHER PROFESSIONAL FEES AND EXPENSES) AWARDED AGAINST, OR INCURRED OR PAID BY, CAMCOM AS A RESULT OR IN CONNECTION WITH ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY LAWS, REGULATIONS OR THIRD PARTY'S RIGHTS RELATED TO THE CONTENT DISPLAYED ON DEVICES USING THE SERVICE;
12.1.5. THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE SELECTION OF PERSONNEL (IN PARTICULAR, BUT NOT LIMITED TO, THE USERS) THAT WILL BE GRANTED ACCESS TO THE SERVICE, AS WELL AS FOR PROPER USE OF THE SERVICE BY AND ANY ACTIONS (OR INACTIONS) OF SUCH PERSONNEL ACCESSING THE SERVICE;
12.1.6. THE CUSTOMER SHALL HAVE NO REMEDY FOR ANY FAILURE OF THE SERVICE UNLESS EXPLICITLY AGREED OTHERWISE WITH CAMCOM;
12.2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CAMCOM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, LOSS OF REVENUES, LOSS OR CORRUPTION OF DATA, LOSS ARISING FROM BUSINESS OR ACTIVITY INTERRUPTION INCURRED BY THE CUSTOMER OR ANY THIRD PARTY TO WHICH THE CUSTOMER PROVIDES THE SERVICE IN ACCORDANCE WITH THE CONTRACT, OR ARISING OTHERWISE FROM USE OR OPERATION OF THE SERVICE. FURTHERMORE, CAMCOM IS NOT LIABLE FOR ANY LOSSES, WHICH COULD NOT BE REASONABLY FORESEEN.
12.3. CAMCOM SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INFLICTED ON THE CUSTOMER BY (I) ACTS OF ANY THIRD PARTY UTILIZING THE SERVICE FOR THE PROVISION OF SERVICES TO THE CUSTOMER, (II) MALFUNCTION OF OTHER INFORMATION TECHNOLOGY COMPONENTS USED WITH THE SERVICE IN THE CUSTOMER'S INFORMATION TECHNOLOGY ENVIRONMENT, (III) NEGLECTING TO MAINTAIN THE SERVICE (INCLUDING BUT NOT LIMITED TO, FAILURE OF THE CUSTOMER TO USE THE MOST RECENT VERSION REGARDLESS WHETHER BY INTENT OR OMISSION) OR AS A RESULT OF (IV) PROVIDING INCOMPLETE OR INACCURATE DATA OR DATA THAT VIOLATED ANY THIRD PARTY RIGHTS.
12.4. CAMCOM SHALL NOT BE LIABLE FOR ANY HARM OR DAMAGE INCURRED OR ALLEGEDLY INCURRED BY ANY OTHER THIRD PARTY IN CONNECTION WITH USING THE SERVICE BY THE CUSTOMER OR THE END CUSTOMER, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER CAMCOM KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE DAMAGE IN QUESTION.
12.5. FOR THE AVOIDANCE OF DOUBT, CAMCOM AND THE END CUSTOMER DO NOT HAVE ANY CONTRACTUAL RELATIONSHIP WITH EACH OTHER BASED ON THE CONTRACT AND THEREFORE CAMCOM SHALL NOT BE LIABLE FOR ANY HARM OR DAMAGE INCURRED OR ALLEGEDLY INCURRED BY THE END CUSTOMER, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER CAMCOM KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE DAMAGE IN QUESTION.
12.6. THE CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD CAMCOM HARMLESS AGAINST ANY AND ALL SUCH LIABILITY, CLAIMS, SUITS, ACTIONS, DEMANDS, AND ANY PROCEEDINGS OF ANY KIND, THREATENED, ASSERTED, OR FILED IN THIS CONNECTION AGAINST CAMCOM BY ANY THIRD PARTY ("CLAIMS") AND ANY DAMAGE, LOSSES, EXPENSES, LIABILITIES OR COSTS INCURRED INCLUDING ATTORNEYS' FEES, IN CONNECTION WITH SUCH CLAIMS RAISED AGAINST CAMCOM.
12.7. THE PARTIES AGREED THAT IN ANY EVENT THE LIABILITY OF CAMCOM FOR ANY HARM (EXCEPT FOR HARM CAUSED AS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) ARISING OUT OF A BREACH OF THE CONTRACT OR FOR ANY CAUSE WHATSOEVER SHALL BE FOR DIRECT DAMAGE ONLY DUE TO PROVABLE BREACH OF CAMCOM'S OBLIGATIONS. IN ADDITION, THE PARTIES AGREED THAT ANY SUCH LIABILITY OF CAMCOM (EXCEPT FOR LIABILITY FOR HARM CAUSED AS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL BE LIMITED TO THE SUBSCRIPTION FEE (OR SUM OF THE SUBSCRIPTION FEES) ACTUALLY PAID BY THE CUSTOMER TO CAMCOM IN THE CALENDAR YEAR IN WHICH THE ALLEGED DAMAGE OCCURRED; THIS LIMIT SHALL APPLY IN AGGREGATE TO ANY DAMAGE ALLEGEDLY INCURRED BY THE CUSTOMER IN THE RESPECTIVE CALENDAR YEAR.
12.8. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS AND INDEMNIFICATION OBLIGATIONS CONTAINED IN THIS SECTION 12 ARE REASONABLE IN THE LIGHT OF ALL THE CIRCUMSTANCES.
13. DISCLAIMER OF WARRANTIES
13.1. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE CUSTOMER'S OWN RISK.
13.2. THE SERVICES AND ALL LICENSED SOFTWARE, INFORMATION, AND MATERIALS PROVIDED BY CAMCOM ARE PROVIDED "AS IS", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM OR USAGE, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
13.3. WITHOUT LIMITING THE FOREGOING, CAMCOM MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET THE CUSTOMER'S, USER'S, OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
13.4. CAMCOM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF THE ABSENCE OF ACTUAL OR POTENTIAL CONFLICT WITH THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE CUSTOMER'S OR USER'S USE OF THE SERVICE.
14. GOVERNING LAW AND JURISDICTION
14.1. The Contract shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its principles of conflict of laws.
14.2. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the Slovak Republic for the resolution of any disputes, controversies, or claims arising out of or relating to the Contract or its subject matter, including, but not limited to, any issues relating to the interpretation, validity, or enforceability of the Contract. The Parties agree that any legal action or proceeding shall be brought exclusively in the competent courts located in the Slovak Republic, and each Party waives any objections to such venue based on the grounds of inconvenient forum or otherwise.
15. MISCELLANEOUS
15.1. Severability. If any provision of the Contract is found by a court of competent jurisdiction or any other competent authority to be invalid, unenforceable, or illegal, such provision shall be deemed severed from the Contract, and the remaining provisions shall continue in full force and effect as if the severed provision had never been a part of the Contract. In the event that any provision is deemed severed pursuant to this Section 15.1, the Parties shall negotiate in good faith to agree upon a valid and enforceable provision that achieves, to the greatest extent possible, the same economic, legal, and commercial objectives as the severed provision. Such substitute provision shall be deemed incorporated into the Contract as if it had originally been a part hereof.
15.2. Notices. All notices and other communications required or permitted hereunder to be given to a Party to the Contract shall be in writing and shall be mailed by registered or certified mail, postage prepaid, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth in the preamble to the Contract, or at such other address as the Party shall have furnished to each other Party in writing, at least ten (10) business days in advance, in accordance with this provision. Any notice sent in accordance with this Section 15.2 shall be deemed delivered to the addressee Party (a) if mailed, seven (7) business days after mailing, (b) if sent by messenger, on the first business day following the day of such sending or transmission (with electronic confirmation of transmission) (provided, however, that any notice of change of address shall only be valid upon receipt). In addition, all notices sent to CamCom need to always also be sent in parallel to email [email protected].
15.3. Amendments. Any amendments or modifications to the Contract, including any additional terms or conditions, must be made in writing and signed by authorized representatives of both Parties. Any amendment or modification made in any other manner shall be null and void and of no legal effect.
15.4. The Order. In case of any discrepancy between these Terms and the provisions of the Order signed between CamCom and the Customer, the provisions of the Order shall prevail.
15.5. No Waiver. No delay or omission on the part of either Party in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on any one occasion shall not be construed as a bar to or a waiver of any right on any future occasion.
15.6. Change of Control. For the avoidance of doubt, the provisions of the Contract shall not be affected by a change of control over CamCom.
15.7. Assignment. The Customer's rights and obligations under the Contract may not be transferred, assigned, or transferred in any other way, by operation of law or otherwise without a prior written consent of CamCom.
15.8. Electronic signature. The Parties agree that electronic signatures or other electronic means may be used to evidence their agreement, including to any written amendments or modifications.
Last modified: January 29, 2026