TERMS AND CONDITIONS

Vasco Connect

  1. PRELIMINARY PROVISIONS
    1. These Terms & Conditions (“Terms”) were created by the owner of the Vasco Connect mobile app (“App”) - Vasco Electronics S.A. ("Vasco”) and are applicable to all persons and entities using the App (“User”).
    2. The App may contain various related software components, multimedia materials and electronic documentation developed and provided by Vasco and supplementary software provided by third parties. The operation of the software may depend on third party software, in particular mobile operating system providers.
    3. Third party software may be governed by separate terms of use and end user license agreements provided by those third parties.
    4. When starting the App for the first time The User is guided through the process of pairing the device (earbuds) and getting acquainted with Terms and the Privacy Policy. By checking the appropriate checkbox, the User confirms that he has read and accepted the Terms and the Privacy Policy. At this point the contract for the provision of electronic services is concluded. The User has access to these Terms and the Privacy Policy via the App or on the Vasco Electronics website. Lack of consent in the above scope prevents the use of the App.
    5. Violation of the provisions of the Terms will result in consequences arising directly from the Terms and the applicable legal provisions.
  2. SERVICES
    1. In order to use the App it is necessary to pair the App with an external device (earbuds).
    2. The provision of Services by Vasco starts when the User accepts these Terms.
    3. The App is used to perform voice and text translations with other Users (“Services”). Communication takes place using external devices - the Vasco earbuds. Users using the App and earbuds speak phrases that are translated and then played via the device on which the App is installed. The App also allows Users to manually enter phrases to be translated. With the development of our technology the App features may change.
    4. The provision of Services by Vasco to the User is not limited in time.
    5. The App is designed for mobile devices (smartphone, tablet) owned by the User ("Mobile Device"). It is necessary that Mobile Devices on which the App will be launched needs to have the current version of the operating system, have access to the Internet via GSM or Wi-Fi. The minimum requirements for mobile versions of operating systems are:
      1. Android 6.0;
      2. iOS 14.
      Pairing and using the App with the external earbuds requires a Bluetooth 4.1 interface on the Mobile Device.
    6. Services are provided free of charge, excluding the cost of data transfer borne by the User when using the App on his mobile device. The cost of data transfer depends on the mobile operator or internet provider.
    7. Vasco reserves the right to permanently or temporarily suspend the availability of individual functionalities of the App for security reasons, due to technical problems or User violation of the provisions of these Terms or generally applicable laws.
  3. LICENSE
    1. Under these Terms Vasco grants the User a non-transferable, non-exclusive, territorially and temporally unlimited right to non-commercial usage of the App. In this respect, the right to use the App covers the following fields of use:
      1. using the App, in particular its display and use on a Mobile Device;
      2. launching, storing and using the App on a Mobile Device.
    2. Due to safety reasons and technological conditions the User's right to use previous versions of the App expires upon receipt of the information on the App update.
    3. Certain license terms for third party software or services may require Vasco to provide those license terms to the User.
    4. All rights to use the App are granted only under a non-exclusive license. User do not receive any interest, exclusivity or ownership rights to the App.
    5. When using the App the User undertakes to comply with all applicable laws.
    6. If User creates content that is subject to copyright while using the App, the User grants Vasco unlimited in time, free of charge, unlimited territory and non-exclusive license to use this content for the purpose and scope necessary to provide Services and to ensure the correct operation of the App. User consents to Vasco to create translations and derived works of the above mentioned content.
    7. Sell or giveaway of the Mobile Device with the App installed does not constitute a transfer of rights and obligations under the Terms. Before transferring the ownership of the Mobile Device, the User is obliged to permanently remove the App from the Device. Vasco is unable to remotely remove the App and any data stored locally on the Mobile Device.
  4. LICENSE RESTRICTIONS

    5. The User is not allowed to:

    1. distribute, copy, rent, publish, modify, improve, adapt or translate the App (in whole or in part);
    2. reproduce the source code, decompile or disassemble the App, create derivative works based on it;
    3. attempt to obtain the source code of the App from the compiled code;
    4. install earlier versions of the App;
    5. violate the laws, copyright, industrial property, competition rights or other rights of Vasco or third parties;
    6. obtain the App in any way other than through authorized distribution methods (Google Play, Apple App Store);
    7. use the App in contrary to Terms;
    8. use the App in a commercial manner, which means use of the App for the professional translation services and/or creating similar software or excluding all and/or part of the App software to other software, as well as any other use of the App in a manner consistent with the business activities conducted by Vasco.
    9. Use the App for publishing unlawful content such as data and information posing a risk of violating the App's security or any other defamatory statements.

    The above limitations apply to the fullest extent permitted by the law in User jurisdiction.

    In case of any doubts as to the scope of the license granted, the possibility to use the App should be interpreted narrowly and limited to private and personal use.

  5. SERVICES AND UPDATES
    1. Vasco may provide the User with updates or services related to the App. Some updates may cause changes to the current settings of the App, loss of data or content, as well as the inability to use certain functions of the App (during updates or maintenance).
    2. Updates can be made automatically over Wi-Fi or via mobile data. User consents to the process updates in the background.
    3. Users do not incur any additional costs of updating the App, apart from possible data transmission costs according to the operator's tariff rate.
  6. THIRD PARTY CONTENT

    7. App may display or link to content of the third parties. Vasco and its affiliates do not control, operate, monitor, approve, recommend or sponsor third party links and content. Vasco is not liable to the User for third party links and content. You use third party links and content at your own risk and assume all responsibility and consequences thereof.

  7. INFORMATION PROCESSING
    1. In order to implement the Terms, consider complaints or secure the legally protected interests of Vasco, Users or third parties, Vasco and third parties may process Users data necessary for Service provision.
    2. When providing the Services, Vasco and third parties may collect and obtain information on how the App is used on the Mobile Device. This information may be used for system monitoring/diagnostics, for marketing and analytical purposes, and for tracking User in app behavior.
    3. The App may ask for access to other components of the Mobile Device, such as device memory, microphone or camera. In order to use the full functionality of the App the User should agree to access the components.
    4. After previous consent of the User Vasco may process and analyze the content entered into the App (text, image, voice) as well as their translation for the purpose of analysis aimed at better understanding the needs of Users, improving the quality of the Services, increasing the security of the App or creating new technological solutions. The purpose of the analysis is not to obtain personal data of Users or third parties. Nevertheless it is possible that analyzed text will include some personal data or information. In the case of providing personal data of third parties the User declares that he has all the necessary consent in that regard.
    5. Detailed information on how this data is processed can be found in the Privacy Policy.
  8. LIMITATION OF LIABILITY
    1. The User is solely responsible for using the App. Vasco is not responsible for any negative effects of using the App by the User.
    2. The App is provided "as is" and may be subject to periodic maintenance and updates, and its functionality may change (maintaining the functionality essential for translation software).
    3. Vasco and third parties that are providers of Services to the extent permitted by applicable law, exclude any guarantees relating to:
      1. the compatibility, accuracy, timeliness, completeness, reliability and security of the results of the operation of the App;
      2. suitability of the product for the purpose intended by the User;
      3. uninterrupted user satisfaction.
    4. Vasco does not guarantee that the App will be free of interruptions or minor errors resulting from the nature of the Services provided and technical or technological limitations.
    5. Vasco is not responsible for interruptions and problems in the operation of the App which are caused by an act or omission on the part of the User or are caused by the need to perform appropriate updates and maintenance of the App. In particular, Vasco is not responsible for interruptions and problems with third-party Services and intermediate service providers (e.g. interruptions in communication, disabling translation software).
    6. To the extent permitted by applicable law, Vasco will in no case be liable for damages (material damage and lost profits) related to the operation of the App. In the event that the mandatory provisions of law do not allow for the exclusion of liability in the above-mentioned scope, the Parties agree that Vasco's liability is limited to the amount of the costs of purchasing the App by the User.
    7. In a situation where Vasco has a reasonable suspicion of using the App for purposes contrary to the Terms, licenses or generally applicable laws, Vasco will be entitled to notify the relevant authorities and provide them with data regarding the App and the User.
    8. Vasco is not responsible for non-performance or improper performance of the provisions of the Terms if it is caused by circumstances beyond Vasco's control, which could not be foreseen and prevented (force majeure). In the event of force majeure, the performance of the Service is suspended for a period equal to the duration of force majeure.
  9. BREACH OF TERMS AND CONDITIONS, TERMINATION AND REMEDIES

    10. If Vasco finds that the User violates the Terms or use of the App in a commercial or illegal manner, Vasco may take any action to protect its interests and temporarily or permanently prevent the use of the App, suspend or delete the User's account and take other actions necessary to prevent unauthorized use of the App. Vasco reserves the right to take all available legal steps in the event of a breach of the provisions of the Terms and generally applicable laws.

  10. UPDATES

    11. The User is always bound by the provisions of the current version of the Terms. Vasco may update these Terms and Conditions at any time. The current version of the Terms can be found at https://vasco-connect.com/terms-and-conditions-en.html. The User will be notified of any changes to the Terms in advance. Users may be obliged to accept the latest version of the Terms to continue usage of the App.

  11. CONTACT AND COMPLAINTS
    1. NTACT AND COMPLAINTS The User is entitled to submit a complaint regarding the App and the Services provided.
    2. When submitting a complaint, the User may include information enabling identification of the User, i.e. name and surname and e-mail address, as well as justified reservations and comments regarding the App.
    3. If you have any questions or want to make a complaint related to the operation of the App, please contact us at: support@vasco-electronics.com
    4. he complaint will be considered no later than within 14 days. Reply in the complaint will be sent to the e-mail address provided in the complaint.
    5. Complaints that do not meet the requirements set out in point 2 will not be considered.
  12. MISCELLANEOUS
    1. These Terms are subject to Polish law. Nevertheless the above provision does not preclude the mandatory provisions enforced by the law applicable to the User. In case of dispute the User expressly acknowledges Vasco's general jurisdiction.
    2. Vasco reserves that all descriptions, graphics, sounds and other materials available in the App are protected by copyright. The User has the right to use them only as part of permitted individual use. Copying, distribution in any form and other forms of using the materials contained in the App beyond the limits of individual use is prohibited.
    3. In the event that, due to the mandatory provisions of law, the interpretation of the Terms will be subject to the law of another country, this interpretation is carried out in a manner closest to the original interpretation.
    4. In the event of any disputes the User may refer to the arbitration court in order to conduct mediation or reach an agreement (the User may use alternative dispute resolution methods). For this purpose, a request for mediation or a request for dispute resolution before an arbitration court should be submitted to Vasco.
    5. If any provision of the Terms and Conditions is found to be invalid or unenforceable, that provision or part thereof shall be interpreted as close to the original wording to the fullest extent possible.
    6. The Terms are concluded at the moment of accepting the Terms during the first activity related to the use of the App.
    7. The Terms are concluded for an indefinite period and may be terminated by each of the parties at any time, without the need to provide a justified reason, with immediate effect, by providing the other Party with an appropriate statement via e-mail. Effective termination of the Terms will be tantamount to resignation from the Services and requires discontinuation of using the App. Termination from the Vasco may take place in particular in a situation where the provisions of these Terms have been violated or required for security reasons, or the law or the rights of other Users are violated.
    8. These terms and conditions have been drawn up in Polish and then translated into other languages. In the event of a discrepancy between the Polish version and its translations, the Polish version shall prevail. If the content of these Terms is not clear or fully understood, the User may in any case contact Vasco at the following e-mail address: support@vasco-electronics.com in order to translate or explain the content of the provisions of the Terms.