Neon Companion Offline Application Terms of Use
Last updated: 2024-10-10
1.1. These terms of use ("Terms") apply to the mobile companion application "Neon Companion App" ("App" or "Service(s)") provided by Pupil Labs GmbH, registered with the German Commercial Register of the district court AG Charlottenburg (registration number HRB 155541), Sanderstraße 28, 12047 Berlin ("Pupil Labs"; "We").
1.2. Pupil Labs may amend the Terms pursuant to section 13 hereof.
1.3. The Terms apply to any user using the App ("User", "Users") after accepting these Terms during the first launch of the App. The Terms form a binding agreement between Pupil Labs and the User.
1.4. The Services offered by Pupil Labs are available to both Consumers and Business Customers. A "Consumer" is any individual entering into the contract for a purpose not related to their business, trade, or self-employed professional activity (Sec. 13 of the German Civil Code). A "Business Customer" is a User (individual, company, or partnership) who enters into the relevant contract in the conduct of their business or self-employed professional activity (Sec. 14 (1) of the German Civil Code).
1.5. Terms and conditions provided by a User do not apply, regardless of whether Pupil Labs has expressly objected to them.
2.1. The App allows Users to create multiple "wearers" (a "Wearer", jointly "Wearers") and to record, view, and delete data generated by an eye-tracking device offered by Pupil Labs (Neon). The App can only be used with Neon. A Wearer can be assigned a nickname and will automatically be assigned a unique ID (UUID).
2.2. The system requirements and scope of functions of the App are detailed in the product description on Pupil Labs' website (https://www.pupil-labs.com).
2.3. Pupil Labs reserves the right to extend the Services and make improvements if they (i) serve technical progress; or (ii) are necessary to prevent misuse. Pupil Labs may change the Services if (i) required by law, court rulings, or administrative decisions; (ii) beneficial to the User; or (iii) purely technical or procedural with no material effect on the User. All other changes are subject to section 13.
2.4. Pupil Labs may provide updates for the App free of charge, which may change the scope of functions. Updated system requirements and functions can be found in the product description on Pupil Labs' website (https://www.pupil-labs.com).
3.1. Pupil Labs offers Users the ability to personalize parameters for their wearers. This personalization improves individual eye state and gaze accuray.
3.2. The Training is part of the free basic plan. This offer may change pursuant to the Terms.
4.1. The App is usually available 24/7. Pupil Labs does not guarantee uninterrupted or error-free operation of the App and Services. The User is responsible for ensuring an adequate internet connection and fulfilling system requirements for using the App.
4.2. Pupil Labs may restrict availability for network security and maintenance. Efforts are made to minimize such disruptions.
5.1. The User may stop using the App at any time. There is no user account or registration required for this version of the App.
5.2. Pupil Labs may discontinue support or updates for the App at any time with reasonable notice.
Pupil Labs grants the User a non-exclusive, non-transferable, limited right to use the App and Services for the duration of the Agreement. The User may grant partial use to employees.
The User is responsible for any data generated by Neon ("Content") and must ensure it does not infringe third-party rights.
7.1. The User must use the App in accordance with these Terms and applicable laws. The User may not:
Make the App available to third parties for business use;
Modify, reverse engineer, or create derivative works of the App
Utilize any output data of Supplier’s Neon Companion Application for creating an estimator for gaze, pupil-size, eye-position and/or eye-orientation;
Use the App to build or support competitive products;
Use the App to distribute illegal content;
License, sell, or exploit the App commercially.
7.2. Breach of these provisions will result in termination of the User's rights to use the App.
8.1. The User will indemnify Pupil Labs against any claims arising from (i) use of the Services, (ii) breach of Section 7, or (iii) claims that the User's Content caused damage to a third party. If the User is a Consumer, this obligation does not apply if the User is not responsible for the infringement.
8.2. The User must provide Pupil Labs with all necessary information to examine and defend against claims.
9.1. Pupil Labs is fully liable for damages caused intentionally or by gross negligence.
9.2. For slight negligence, liability is limited to breaches of fundamental contractual duties.
9.3. Liability is excluded for all other cases.
9.4. Pupil Labs will not be liable for failure to perform due to events beyond its reasonable control.
9.5. Liability restrictions do not apply to damages involving life, body, or health.
The European Commission provides an online dispute resolution platform (http://ec.europa.eu/consumers/odr/). Pupil Labs does not participate in alternative dispute resolution.
The Privacy Policy can be found at https://www.pupil-labs.com/legal/neon-companion-privacy.
12.1. Changes to these Terms will be communicated to the User upon the first launch of the App after the changes have been made. If the User does not accept the changes, they must stop using the App.
13.1. Contracts between Pupil Labs and the User are governed by German law, excluding the UN Convention on the International Sale of Goods (CISG).
13.2. The courts in Berlin, Germany, shall have jurisdiction over disputes arising from these Terms.
13.3. If any provision is invalid, the remaining provisions remain unaffected.