General terms and conditions

1. preamble and applicability

1.1 These General Terms and Conditions ("GTC") govern the relationship between ICUserver GmbH ("NWS"), Goettweiger Str. 2, 3131 Inzersdorf-Getzersdorf, Austria, on the one hand, and its customer, on the other hand, as an integral part of any contract between the customer and NWS and any user registered on enter.icuserver.com. NWS offers a subscription/prepaid based service provided on NWS applications (the "Service") and operated by NWS.

1.2 The Customer's access to and use of the Services is subject to the Customer's acceptance of and compliance with these Terms. These Terms apply to all visitors, users, partners and others who access or use the current and future Services. By accessing or using the Services and by clicking the "I accept" button or other mechanisms provided, the Customer agrees to be bound by these Terms. Please read these terms carefully before using the services offered by NWS.

2. definitions

• An "account" is a registered user with a unique e-mail address.
• "Device" means the hardware that is registered and integrated in the NWS system, regardless of whether this hardware was purchased by NWS, an affiliated company or a third party.
• "Billing period" is the period covered by an invoice to the customer in the case of a subscription-based solution.
• "Content" means the content captured with a device, insofar as personal data is captured with it.
• "Documentation" means instructions in printed or digital form, online help files, technical documentation and user manuals for using the NWS services.
• "Registration" is the complete process by which a customer provides the required information about their identity and submits the confirmation requested when opening an account.
• "Services" means the service that NWS provides for all registered customers on their hardware registered in the NWS portal.
• "Subscription" means any use of NWS Services over a recurring payment period with automatic renewal or a predetermined period of time.
• "User" means any person who uses the NWS services.
• "App" means the application that is operated by NWS or an affiliated company and through which the Service is used.
• "Affiliate" means an entity that, directly or indirectly through one or more tiers, owns or controls, is owned or controlled by, or is under common control or ownership with, another entity. "Control" means the direct or indirect ownership of more than fifty per cent (50 %) of the voting stock of an entity (or its equivalent for an entity that is not a corporation) or the power to direct the management or policies of an entity, whether through ownership of stock, by contract or otherwise.
• "COINs" means a billing system in which the customer acquires modules for credits by paying in advance, which the customer can use to purchase and utilise NWS services via the app and which are available under https://help.icuserver.com/kosten are shown.

3. account registration / responsibilities of the customer

3.1 Once the customer has read and accepted the terms and conditions, they are authorised to register for an account in order to be able to use all services. To do so, it is necessary to provide all the data requested in the registration form. This includes a valid e-mail address; the customer is obliged to keep the e-mail address valid and usable while using the services.

3.2 For access, the customer receives a temporary access code with which the customer gains access to the system and the services.

3.3 The services may only be used with a valid account. Such an account may not be shared by multiple users. The customer is responsible for securing all access data for use and access to the account and/or for all activities or actions in connection with the account. The customer is obliged to notify NWS immediately if it suspects or becomes aware of any breach of security or unauthorised use of or access to the account.

3.4 By accessing the services, the customer receives a limited, worldwide, non-exclusive, non-transferable licence to use the services for the operation of devices, always only to perform the functions defined in the documentation and subject to all restrictions and limitations contained herein. Only with this licence is the customer entitled to add his hardware.

3.5 If the customer does not take out a subscription, the customer must purchase COINs to use the service. Each transmitted image consumes the number of COINs specified in the cost overview. The cost overview is available at https://help.icuserver.com/kosten retrievable.

3.6 The following applies to all COINs:

a.) A transfer to other users or third parties is not possible.

b.) If the customer receives a one-off credit of free COINs when registering a new camera, any unused free COINs will expire in the event of cancellation.

c.) If the customer's account no longer has a COIN balance, it is no longer possible to upload or subsequently upload data (images).

d.) The specific scope of services for subscriptions can be found in the service description/cost overview.

3.7 The customer is prohibited from acting as a reseller for NWS. The customer is not permitted to licence, publish, rent, make available to others via networks or offer the service in any other way, not even with individual elements. The customer is also prohibited from decompiling, reverse engineering or further developing the services offered.

3.8 The customer is solely responsible:

a.) For the use and operation of the device;

b.) for the use of services via the account, regardless of whether it has been authorised or not;

c.) to comply with data protection obligations;

d.) not to violate applicable law, including but not limited to intellectual property rights, intellectual property rights, unfair competition rights and personal rights of third parties;

e.) to take the necessary measures to ensure that the use of the hardware and services does not infringe the rights of third parties, in particular personal rights or intellectual property rights or copyrights

f.) Maintaining his contract with a mobile phone provider, if required by the respective hardware;

g.) securing data and information used in connection with the Services.

3.9 The Customer may not use the Service in violation of applicable local laws and/or other official or statutory regulations or requirements, but in any case not as follows, or enable or authorise third parties to make such use:

• Use of the service that does not correspond to the actual purpose of the service;
• For illegal, fraudulent or other unlawful activities;
• to violate the rights of others;
• for the processing of sensitive data or data (including images and video material) relating to the highly personal sphere of life or the privacy of third parties;
• for the surveillance of persons;
• to threaten, incite, promote or actively support violence, terrorism or other serious harm;
• for pornographic content or activities, or content or activities that promote the sexual exploitation or abuse of persons and children;
• to violate the security, integrity or availability of user, network, computer or communication systems, software applications, apps, computers and networks;
• to publish, send or otherwise disseminate unsolicited bulk e-mails or other messages, promotions, advertising or solicitations ("spam").

NWS disclaims all liability in this regard and reserves the right to suspend or terminate the Service if NWS becomes aware of any such violation.

3.10. NWS points out that the monitoring of public spaces to determine religious, ethnic, political or sexual orientation as well as highly personal areas (bedrooms, changing rooms, toilet cubicles, etc.) and of employees for performance monitoring is not permitted. The principle of proportionality must be observed during use, in particular a limited surveillance area.

3.11. In the event of any breach (including without fault of the Customer) or use of the Services that violates any of the Terms or any contract entered into between the Customer and NWS or any applicable law, NWS reserves the right to suspend or block such account and/or the Customer's access to the Services immediately and without prior notice and to delete and/or disclose to the competent authorities any data that violates applicable laws without prior warning.

3.12. The customer grants NWS, its affiliated companies or authorised third parties the right to use the image and video input or other content and data provided by the customer within the scope of the agreement. If the customer purchases services from NWS that include customised or automated image analysis, the customer grants NWS, its Affiliates or third parties commissioned by them, the unlimited right to store and use the image and video input or other content and data provided by the customer to provide the service (including image analysis) and to improve and develop the quality of image analysis/machine learning/artificial intelligence. In any case, NWS reserves the right, but is not obligated, to review the image and video input or other content or data provided by the Customer in order to comply with applicable laws, enforce these Terms and keep the Service secure.

3.13. End User certifies that (i) he/she is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

3.14. The End User acknowledges and agrees that the Payment Provider (and any of its affiliates) are third party beneficiaries of these Terms and that, upon acceptance of these Terms by the End User, that Provider shall have the right to enforce these Terms against the End User as a third party beneficiary.

4. camera models with integrated SIM card

4.1 Depending on the camera model and product description, a SIM card from a telecommunications provider selected by NWS may already be integrated in the camera.

4.2 The SIM card is part of the Services and NWS or an Affiliated Company may access the SIM card remotely to update settings; in addition, NWS may reclaim the SIM card if the contract has expired. The customer is obliged to protect the SIM card from harmful influences or theft. Any damage, loss or theft of the SIM card must be reported immediately to NWS (info@icuserver.com), stating the camera ID, in order to block the SIM card. The costs for the use of "COINS" in the period between the loss or theft and the blocking of the SIM card by NWS are to be borne by the customer. The office hours of NWS apply to the receipt of the report.

5. conclusion of contracts for consideration

5.1 In the case of subscription-based services, a fee-based contract becomes legally effective and binding upon the first successful payment of the subscription fee by the customer and receipt of the amount by NWS. The customer will be invoiced in advance on a recurring and regular basis ("billing cycle"). Billing cycles depend on the type of subscription plan the customer selects when purchasing a subscription online.

5.2 In the case of the COINs-based service, a contract becomes legally effective and binding upon successful registration and purchase of COINs by the customer and receipt of the amount by NWS.

5.3 Payments are made via third-party payment service providers, irrespective of the fact that the contract between NWS and the end customer is concluded. By confirming the payment with NWS, the customer also accepts the conditions of the payment service provider chosen by him. If a payment service provider refuses to register a customer, this is not the responsibility of NWS and cannot lead to any claim against NWS.

5.4 Once payment has been made, the customer is granted access to the services selected by him.  

5.5 Information provided by NWS employees, on the NWS website or in marketing materials, as well as customer enquiries, specifications or other documents are non-binding and only become part of the contract to the extent that the conditions expressly refer to them. Any terms and conditions not mentioned herein shall be deemed null and void.

6. subscription - prices/fees - changes

6.1 The contract term/subscription period is determined by the information on the website or app; the agreed period represents the term and the customer is contractually obliged to pay the subscription fees stated on the website in accordance with the selected subscription. The prices are binding for the agreed contract period.

6.2 Unless otherwise agreed, each contract or subscription will automatically renew for the same term unless the customer notifies NWS in writing (by email) at least thirty (30) days before the end of the current term that they do not wish to renew. If the customer fails to do so, the subscription or contract term will automatically renew on the exact same terms (notwithstanding the applicable clause 5.4). Such an extension shall be deemed to be a continuous contract period.

6.3 The customer is obliged to provide NWS with correct and complete billing information, including the company name, full name of the contact person, address, state, postcode, country, telephone number, postal address and VAT number (or equivalent). Incorrect or incomplete information may result in additional expenses for NWS, which will be charged to the customer.

6.4 NWS may change the subscription fees at its own discretion and at any time. All changes will take effect at the end of the current contract term; the changed prices will be charged from the following contract term. Unless expressly agreed, renewal prices will not be adjusted on the basis of promotional or one-time price subscriptions, but on the basis of the NWS standard price in effect at the time of each renewal. Notwithstanding any agreement to the contrary, any renewal where the subscription volume for a service has decreased from the previous term will result in re-pricing at renewal without regard to the unit price of the previous term.

6.5 NWS will charge (directly or indirectly) subscription fees and COINS, additional usage fees and other fees or prices indicated on the Website or based on actual usage by the Customer.

6.6 Subscription fees paid are non-refundable unless the customer is a consumer.

7. payment

7.1 Payment shall be made in accordance with the subscription or the conditions of the respective payment processor. Unless otherwise agreed, payment shall be made monthly in advance, free of charges, fees and other deductions and within thirty (30) days of the invoice date. Amounts are not considered paid until the money has been credited to NWS's bank account.

7.2 If the customer is in default of payment or if the use of the services or the COINS exceeds the amounts paid in advance, NWS is also authorised to block the customer's account with 14 days' notice. Other rights and remedies are expressly reserved. NWS shall not be liable for any damages, losses, loss of data or profits or other negative effects that may arise as a result of blocking in accordance with this provision.

8. cancellation for consumers

8.1 If the customer is a consumer, the customer has the right to cancel this contract within 1 month without giving reasons.

8.2 Cancellation is excluded if the customer uses COINs within the cancellation period due to an express request and thereby expresses that he waives his right of cancellation.

8.3 The cancellation period is 1 month from the date of conclusion of the contract.

8.4 In order to exercise the right of cancellation, the customer must inform NWS of the decision to cancel this contract by means of a clear declaration via email to info@icuserver.com. The customer may use the attached sample cancellation form, but this is not mandatory.

8.5 In order to comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

8.6 Consequences of cancellation:

• If the customer cancels this contract, NWS must refund all payments that NWS has received from you, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by NWS), immediately and at the latest within fourteen days from the day on which NWS receives notification of the cancellation of this contract. For this repayment, NWS shall use the same means of payment that was used by the customer in the original transaction, unless expressly agreed otherwise with the customer; in no case shall NWS charge the customer any fees for this repayment.
• If the customer receives a one-off credit of free COINs when registering a new device, any unused free COINs will expire in the event of cancellation.
• The customer shall bear the direct costs of returning the goods.
• The right of withdrawal expires prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
• The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
• If the customer has requested that the services should commence during the cancellation period, the customer shall pay NWS a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer informs NWS of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

8.7 Sample cancellation form

If the customer wishes to cancel the contract, this form must be completed and sent to NWS:

To NWS Address Tel Mail I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on: Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (only for notification on paper): Date   (*) Delete as applicable.

9. amendments to these General Terms and Conditions

9.1 NWS reserves the right, at its sole discretion, to modify or replace these GTC at any time. We will provide at least 30 days notice of the change and the new terms. What constitutes a material change will be determined at the sole discretion of NWS.

9.2 By continuing to access or use our Service after these changes come into effect, the Customer agrees to be bound by the revised terms. If the Customer does not agree to the new terms and conditions, the Customer should stop using the Service.

10. services and appearances

10.1 The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

10.2 NWS is entitled to partially or completely discontinue the service if the security of NWS or the security of a customer is jeopardised. NWS shall inform the customer of such measures immediately. Claims against NWS cannot be derived from this.

10.3 Even if NWS avoids changes to the services, NWS is entitled to change, update, modify, discard or republish services. Only if the change to be made by an update is economically unreasonable for the customer shall the customer be entitled to terminate the contract in accordance with § 14 (Termination). In this respect, the customer waives all claims for damages and other claims.

10.4 If the customer does not use his account for a period of 24 months (e.g. if the customer has no active or unused COINs or if there is no activity with active COINs for 24 months or if he is not logged in), the account is automatically set to inactive. NWS reserves the right to delete inactive accounts together with all associated content and data. Inactive accounts can be reactivated by NWS if they have not yet been deleted by NWS. Requests for activation must be made from the customer's registered email and must be sent to info@icuserver.com take place.

11. termination

11.1 In the case of the subscription-based variant, the contract and the use of the services shall end on the last day of the agreed term, unless otherwise agreed (e.g. automatic renewal).

11.2 In the case of COINs-based access, the contracting parties generally agree on an open-ended contract. The contract is automatically terminated if the activated "COINs" are used up and no further "COINs" are purchased/rebooked within eighteen months of the last COIN being used.

11.3 Consequences of termination:

a.) Already purchased "COINs" and unused COINs will not be refunded or converted into cash credits.

b.) The integrated SIM card for devices with an integrated SIM card as per the product description is blocked

c.) The customer's account and all stored data (including all images and videos) will be deleted, unless longer retention periods are applicable by law.

d.) Payments received for chargeable services will not be refunded.

11.4 If the Customer has agreed to use the Services for an indefinite period, either party shall be entitled to terminate the contract in writing at the end of each billing period chosen and agreed by the Customer. Any cancellation of the Services and/or the Customer Account may be made via the Account and the corresponding management tools within the scope of the above-mentioned options. Cancellation may be made without prior warning.

11.5 Devices that are integrated into the Service as part of a subscription model can only be removed from an account if a subscription is cancelled.

11.6 Both contracting parties are entitled to terminate the contract and the use of services at any time with immediate effect and without any liability if the other contracting party fails to comply with the agreement in a material point of the contract despite a request for forbearance or compliance with a reasonable grace period.

a.) An important reason for NWS exists in particular if the customer violates an essential provision of the contract or these terms and conditions (e.g. violation of a provision from point 3 and does not remedy this violation within fourteen (14) days after written notification and request.

b.) An important reason for the customer exists if NWS violates an essential provision of the contract or these terms and conditions and does not remedy this violation within fourteen (14) days after written notification and request.

11.7 If the cancellation pursuant to 9.6.a) relates to a period for which prepaid fees are due, the cancellation shall take effect immediately; no prepaid fees shall be refunded.

11.8 Upon cancellation, the Customer's right to use the Services shall expire and all fees shall become due immediately. The Customer must cease using the Services immediately. After termination, any use of the Services by the Customer shall constitute an infringement and/or misappropriation of NWS's proprietary rights.

12. warranties

12.1 NWS is a service company and the services correspond to the respective state of the art. NWS provides the services to the best of its knowledge.

12.2 When providing the services, NWS places the highest value on the security of the servers and the quality of the selected telecommunications providers and only works with reliable and experienced partners. Nevertheless, unforeseen disruptions and interruptions to the services provided can never be completely ruled out. NWS is not liable for downtimes or disruptions due to maintenance work, software updates and due to circumstances (e.g. technical problems of third parties and force majeure) that are beyond the control of NWS, including failures or problems of telecom operators, server, modem or other hardware failures, failures of energy suppliers in the background.

12.3 The use of the services is at the customer's own risk. NWS gives no guarantee or warranty that the Services will be available uninterrupted, timely, continuously, securely and error-free and assumes no liability for lost or unsent data, images and/or videos of the customer or other interruptions and failures of the Services. Furthermore, NWS does not guarantee that the service is completely bug-free, error-free or completely secure. The customer recognises that the service cannot be provided in the form offered without the above warranty exclusions and limitations of liability.

12.4 NWS is not liable for (i) faulty data transmission, (ii) failure of data transmission; (iii) failure of service, (iv) failure, errors or other problems attributable to a device.

12.5 Excluded from the warranty are damages caused by instructions not issued by NWS or the hardware provider, inadequate equipment, non-compliance with installation instructions and terms of use, improper use and application of unsuitable software or other materials or a problem within the customer's sphere of responsibility.

12.6 Mobile phone reception (at least a data connection according to the GSM standard) is mandatory for the Service to function. The Customer acknowledges that the Service and its use depend on the respective Internet service at the place of use. The service only works where corresponding data transmissions are possible. The customer is responsible for checking and ensuring the internet connection and data transmission required for the use of the service at the place of use. The customer acknowledges that Internet connections and data transmissions may be subject to fluctuations or failures; NWS shall not be liable for any restrictions or failures in the use of the Service resulting from insufficient or faulty Internet connections or data transmissions.

12.7 Real-time transfer of devices to the service is not possible. The service is provided with a time delay.

12.8 If failures or errors of any kind occur, the customer must notify us immediately in writing with a precise description of the error. If the customer fails to do so, he can no longer assert any warranty claims. NWS shall endeavour to rectify faults as soon as NWS becomes aware of them.

13. liability

13.1 NWS shall only be liable for compensation for damages if these damages were caused by gross negligence or intent.

13.2 In no event shall NWS, its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect or consequential damages, including, but not limited to, lost profits, loss of data, loss of use, loss of goodwill or other intangible damages or losses.

13.3 NWS accepts no liability for damages resulting from the interruption of the service or the delayed transmission of data. In particular, any indirect damages are excluded in this case.

13.4 NWS shall not be liable to the customer for any delay or failure by NWS to fulfil its obligations under this contract if such delay or failure is due to causes beyond NWS's reasonable control. Such causes include, but are not limited to, acts of God, floods, fires, power or other supply failures, consequences of epidemics or pandemics, or delays by the Customer in providing necessary resources or support or in fulfilling other requirements under this Agreement.

13.5 Claims for damages shall become time-barred two years after the customer becomes aware of the damage. If the customer is a consumer within the meaning of the Consumer Protection Act, the statutory limitation periods shall apply.

14 Applicable law and jurisdiction

14.1 These GTC shall be governed by Austrian law to the exclusion of the conflict of laws rules. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14.2 The exclusive jurisdiction of the competent court at the registered office of NWS is agreed as the place of jurisdiction, except in the case of actions against consumers within the meaning of the Consumer Protection Act who have their domicile or habitual residence in Austria or are employed in Austria. However, NWS shall in any case be entitled to appeal to the court at the customer's place of business.

15. other

15.1 Failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such rights.

15.2 Should a provision of these GTC be legally ineffective, invalid and/or void or become so in the course of their term, the legal effectiveness and validity of the remaining provisions shall remain unaffected. In this case, the invalid and legally ineffective provision shall be replaced by a provision that is legally effective and valid and corresponds in its economic content to the replaced provision - as far as possible and legally permissible.

15.3 These terms and conditions supersede all previous agreements. Agreements or arrangements deviating from our GTC require the written confirmation of NWS. In the event of a conflict between these GTC and any other document, these GTC shall take precedence over any other document.