These Terms & Conditions of Use (hereinafter "TCU") govern the relationship between EGS Sécurité SA (hereinafter "EGS Sécurité SA”) and THE USER (HEREINAFTER “USER”) who uses the products, software, services and websites of EGS Sécurité SA (collectively referred to as the "Service").
BY CLICKING “AGREE”, USER AGREES THAT THESE TERMS WILL APPLY IF HE CHOOSES TO ACCESS OR USE THE SERVICE.
EGS Sécurité SA grants USER a personal, non-transferable, non-exclusive licence and limited right to use the Service provided by EGS Sécurité SA in the context of this TCU.
It is expressly forbidden for USER, or any third party authorised by USER, to copy, modify, create a derivative product, dismantle, effect reverse engineering, decompile or otherwise attempt to extract the source code of any or part of the Service.
USER is not authorised to sell, resell, trade, rent or sub-license his right to use the Service.
USER agrees not to reproduce, duplicate, copy, sell, trade or resell the Service for any purposes whatsoever.
USER will use the Service in accordance with and comply with the present TCU, the Privacy Policy and the Privacy Notice in the version applicable when using the Service and with all applicable international, national, regional and local laws and regulation, in particular labour law, data protection and video surveillance regulations.
It is forbidden to use the provided Service to commit or facilitate criminal acts. USER must take appropriate and necessary measures to prevent any criminal use by any third party.
USER assures confidentiality of all access data (username and password) and protects them from any abusive use by unauthorized persons. USER is not authorised to access (or attempt to access) the Service, or any part of it, by any means other than via the interface provided by EGS Sécurité SA.
USER is liable for all use of the Service taking place on his account, even by unauthorised third parties. USER bears all the consequences arising from the disclosure or use (including abusive use) of his access data or those of his representatives, including possible damages suffered by EGS Sécurité SA. In particular, USER is liable for all activity carried out on his account and is liable for the data recorded on the Service as well as the data exported from the Service, whether by USER or a third party.
USER will not engage in any activity that interferes with or disrupts the Service. USER is liable for any breach of obligations under this TCU and for the consequences thereof including any loss or damage suffered by EGS Sécurité SA, affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors.
USER is solely responsible for backing up his data including the relevant video evidence available on or through the Service.
USER agrees not to reproduce, duplicate, copy, sell, trade or resell the Products for any purposes whatsoever.
EGS Sécurité SA shall use reasonable skill and due care in providing the Service and implement the technologies needed to ensure quality and availability of the Service.
EGS Sécurité SA does not guarantee that USER will be able to connect to the Service at all times. EGS Sécurité SA will interrupt the access to the Service to assure service maintenance in order to update or correct the Service, to deploy security patches and for maintenance.
EGS Sécurité SA may use third parties to provide the Service.
All data will be collected, Used, stored, hosted, shared, transferred and deleted by EGS Sécurité SA within the framework of the applicable Swiss data protection regulation and, if applicable, the EU General Data Protection Regulation (GDPR).
The Privacy Policy and the privacy Notice describe the different types of Data with is collected, used, stored, hosted, shared, transferred and deleted. by accepting this TCU, User agrees also to the terms of the Privacy Notice and the privacy policy and accepts that EGS Sécurité SA collects, uses, stores hosts, shares, transfers and deletes personal data as described.
The privacy policy lists the different types of data collected (section 1.2 of the privacy policy).
EGS Sécurité SA uses the collected data in particular to provide and maintain the service, to provide User support and to detect, prevent and address technical issues. EGS Sécurité SA does not use personal data for marketing purposes (Section 1.3 of the privacy policy).
USER expressly agrees that his information including personal data will be stored (Section 9 of the Privacy Notice and Section 1.4 of the Privacy Policy). EGS Sécurité SA does not backup video data.
The User’s information, including personal Data, may be transferred to and maintained on hosting providers located outside of his state, province, country or other governmental jurisdiction where the data protection laws may differ from those of the User’s jurisdiction (section 1.5 and 1.12 of the privacy policy).
The data is hosted with a third party cloud service, which has no access to the personal data. the exact location of the data can be found under the user’s profile (section 1.12 of the Privacy policy).
EGS Sécurité SA may employ third party companies and individuals who have access to the personal data only to perform their tasks on EGS Sécurité SA’s behalf. they are obligated not to disclose or use the data for any other purposes. no third parties are processing the personal data of the user (section 1.10 of the privacy policy).
EGS Sécurité SA may also disclose user’s information, including personal data, in case of a business transaction or law enforcement (section 1.6 of the privacy Policy).
For questions with regard to the data protection regulations the user may contact EGS Sécurité SA by e-mail under support@eaglecontrol.ch or by any other means.
USER acknowledges and agrees that EGS Sécurité SA is the sole owner of all intellectual property rights, title, and interest in IP rights or to any works made, conceived, or developed by EGS Sécurité SA’s employees, affiliates or contractors, and all IP Rights acquired by EGS Sécurité SA or otherwise owned by EGS Sécurité SA relating to the Service or any modifications pursuant to the performance of the Service. USER has no IP rights with regard to the Service.
USER acknowledges and agrees that he will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this TCU. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in this TCU. USER agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and USER will not use the Service in any unauthorized way whatsoever.
Nothing in the TCU gives USER the right to use the trade names, trademarks, service marks, logos, domain names or any other distinctive signs of the Service or EGS Sécurité SA and its affiliates.
EGS Sécurité SA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME EGS Sécurité SA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THIS TCU.
EGS Sécurité SA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND EGS Sécurité SA DISCLAIMS ANY LIABILITY RELATING THERETO.
EGS Sécurité SA IS NOT LIABLE FOR ANY DIRECT, INDIRECT AND/OR CONSEQUENTIAL DAMAGE OF THE USER. LIABILITY OF EGS Sécurité SA IS EXCLUDED TO THE EXTENT PERMITTED BY LAW.
THE LIABILITY IS RULED BY THE AGREEMENT BETWEEN THE USER AND THE RESELLER. EGS Sécurité SA HAS NO ACCESS TO THIS AGREEMENT. USER HAS TO HOLD ACCOUNTABLE RESELLER.
EGS Sécurité SA can terminate the Service provided to USER immediately by written notice if:
EGS Sécurité SA reserves its right to modify at any time this TCU. The modified TCU enters into force immediately when USER logs into the Service and accepts the modified TCU.
USER acknowledges that if EGS Sécurité SA fails to exercise or waives a right or remedy foreseen by this TCU (or to which EGS Sécurité SA may be entitled in virtue of applicable legislation) this will not be considered as a waiver by EGS Sécurité SA of the right or remedy in question. These rights and remedies will remain available in the future.
If any part of this TCU is held invalid or unenforceable, that part will be construed in a manner consistent with applicable law, to reflect as nearly as possible the original intentions of this TCU, and the remaining parts of this TCU will remain in full force and effect and will continue to be binding and enforceable.
The rights and obligations of the parties hereunder shall be construed, enforced and governed in accordance with substantive Swiss Law without regard to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods is explicitly excluded. withIn its scope of application, the EU General Data Protection Regulation GDPR has to be respected with regard to Data Protection in the eu.
Any dispute, controversy or claim arising out of or in relation to this TCU, including the validity, invalidity, breach or termination thereof shall be settled by the court in Fribourg, Switzerland.
EGS Sécurité SA, Ch. de la Plaine 23, 2013 Colombier, Switzerland, October 2021