VORTEX

This VORTEX Analytics Terms and Conditions (this ”Terms and Conditions”) are entered into by VIVOTEK Inc. and the entity executing this Terms and Conditions (”You” or ”User”). This Terms and Conditions governs Your use of the VORTEX Analytics (the ”Service”). By clicking the ”I accept” button, completing the registration process or using the service activating VORTEX’s Analytics features (the ”Features”), You acknowledge that You have reviewed and accept this Terms and Conditions, and are authorized to act on behalf of, and bind to these terms and conditions, the owner of this account.Unless otherwise specified in this Terms and Conditions, the capitalized terms used herein shall have the same meaning as set forth in the End User Agreement.

Additional Data to be Processed

In addition to the Personal Data and the User Personal Data, when You activate the Feature, you acknowledge, understand, and agree that the VIVOTEK, along with VORTEX, collects and processes additional data and information including but not limited to facial attributes, license plate numbers, and other potentially personally identifiable information.
Legal basis for processing aforementioned data and/or information: Necessary to perform VIVOTEK’s obligations under applicable agreements.

Adequate Notice and Informed Consents

In addition to what User shall abide by as set forth in Section 2.2 (Restrictions) of the End User Agreement, by activating and using these Features, You confirm that you have provided adequate notice to (such notice shall clearly specify that facial attributes and license plate numbers pertaining to certain individuals and vehicles will be processed by both User and VIVOTEK), and obtained all necessary consents from, individuals whose data may be collected and processed as required by applicable laws and regulations in Your jurisdiction(s).

Compliance with Data Protection Regulations

User shall affirm that activation and use of the Features do not violate any applicable laws and regulations, including those related to Applicable Privacy Law and biometric privacy. As specified in section 5.3 (Data Storage) of the End User Agreement, for video and audio data collected from VORTEX and managed by Users, Users may choose to store these data in one of the following four countries: the United States of America, Germany, Australia and Japan. All other User Data are stored in the United States of America by default. User shall be aware and acknowledge that laws may vary among various jurisdictions, and in some circumstances, the activation and the use of the Features may be restricted or even prohibited. By activating and using the Features, User represents and warrants that such activation and use of the Features are permissible in Your jurisdiction(s).

Technical Limitations

VORTEX’s Analytics features rely on advanced AI and machine learning models. While these technologies provide state-of-the-art capabilities, the accuracy of results may vary due to factors such as camera placement, environmental conditions, and subject demographics. Variability in performance, particularly for features like facial recognition and license plate detection, should be expected under certain conditions, and do not constitute VIVOTEK’s breach of either End User Agreement or this Terms and Conditions. User should understand these limitations and ensure that the results are used as supplemental information rather than sole determinants for critical decisions.

Send Feedback

When the User provides video data to VORTEX through the “Send Feedback” process and by clicking the ”I agree” button, the User confirms that they have obtained the necessary consent from all individuals depicted in the video and agree to share this content with VORTEX. The User understands that the video will be used by VORTEX solely for the purpose of improving the video content analysis. The User also confirms that sharing this video complies with all applicable privacy laws and regulations. In addition, due to the current technical limitation, VIVOTEK may not be capable of removing and deleting video provided through the “Send Feedback” process.

Power and Authorization

If You activate and are using the Features on behalf of an organization, you confirm that You have the power, have taken all necessary actions, and are authorized to agree to these terms on the organization’s behalf. Your organization assumes all responsibilities associated with the lawful use of these features, including the terms set forth in Section 2 of the End User Agreement and ensuring compliance with all applicable regulations.

Indemnification

Should You breach aforementioned terms or any applicable laws, you agree to indemnify and hold harmless VORTEX and VIVOTEK’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns from any claims, damages, or legal actions arising from Your use of the Features. Section 6 (Indemnification) of the End User Agreement shall apply. VORTEX reserves the right to control the defense of any such claims and expects User’s full cooperation in resolving them.

Miscellaneous

VIVOTEK reserves the right to modify or update this Terms and Conditions and all annexes attached hereto (if any) in its sole discretion, the effective date of which will be the earlier of (i) 30 days from the date of such update or modification or (ii) User's continued use of VORTEX.
This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California (without regard to the conflicts of laws provisions thereof or the UN Convention on the International Sale of Goods). Except for claims for injunctive or equitable relief, which may be at any time brought before any court of competent jurisdiction, all disputes arising under this Terms and Conditions shall be finally settled by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the then-applicable Arbitration Rules of SIAC, and judgment on the arbitral award may be entered in any court having jurisdiction.
The arbitration will take place in Singapore. There will be three arbitrators. The parties agree that the existence of information relating to any such arbitration proceedings will not be disclosed by either party and will constitute confidential information.
If You have questions or concerns about the legality or compliance of using these Features, we strongly recommend consulting legal counsel. In case of any problems with the functions of the Equipment, the App, and/or the Mirror Service, you may also contact to us, by privacy@vivotek.com
For further information and details about the processing of User Data and User Personal Data by VIVOTEK, please refer to VIVOTEK’s Privacy Policy and End User Agreement, which are available at [https://www.vortexcloud.com/privacy-policy] and [https://www.vortexcloud.com/agreement-user].

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