OpticVyu Terms of Use

Welcome to our website. By accessing this website or its services you are agreeing to bind by following terms and conditions of use. If you disagree with any part of these terms of service, you are prohibited from using or accessing OpticVyu website or its products. The term 'OpticVyu' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user/viewer of our website.

User Responsibility

The User ID and Password are the means through which you can access our services. You acknowledge and agree that it is your responsibility to safeguard your chosen User ID and Password from any unauthorized use. IN NO EVENT OPTICVYU WILL BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER ID AND PASSWORD .You agree that if you provide any information that is untrue, inaccurate or incomplete, we have the right to suspend or terminate your membership and access to the website and its services

Further, OpticVyu Dashboard features and tools are specifically developed to enable efficient team coordination and misuse of any feature/tool in any manner is User's liability and OpticVyu is not responsible for such activities.

All users are strictly advised to limit their activities to their own accounts. Any user found trying to gain unauthorized access to other accounts would lead to termination of their accounts.

When OpticVyu integrates an existing CCTV camera with the OpticVyu platform, we ensure the security of images stored with OpticVyu web servers. Since CCTV cameras operate in the local-network, preventing unauthorized access to network devices (like CCTV) to gain control over camera feeds is the client's liability.

Access To Our Website

OpticVyu prohibits the control of OpticVyu.com website using third party software or automated scripts which are intended to provide repeated access to OpticVyu online system or its content. In such circumstances, all measures to prevent such automated access, including termination of our services can be taken by us. OpticVyu.com is intended to be accessed manually by human only.

Service Fees/Payments/Invoices

The Client must pay fees within 30 calendar days of the issue date of an invoice to the bank account mentioned on the invoice. If the client fails to pay the fees, OpticVyu will be entitled to temporarily suspend the services. If the Client fails to pay any amount payable by him/her under this agreement, OpticVyu will be entitled to charge additional 500Rs. per week of delay per camera system, valid up to the date of actual payment. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. All payments made against the purchases/services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.

Service provided by OpticVyu

OpticVyu will make every reasonable effort to keep our servers and camera systems functioning and to capture jobsite images at the time interval specified in the camera settings. We will also make every reasonable effort to keep current backups of all data to prevent data loss. We understand that accurate image recording and preservation is the core of our business. However, we ensure no warranty towards image data collection in case of camera hardware failures.

The services provided by OpticVyu are not intended to be used in situations where failure of the service could result in security concerns, injury or death or damage to property. OpticVyu does not guarantee continuous coverage as it is subject to change due to many factors like weather etc. In buildings as the construction goes on, the coverage for the interior parts will be hampered by the exterior walls.

The Client must pay fees within 30 calendar days of the issue date of an invoice to the bank account mentioned on the invoice. If the client fails to pay the fees, OpticVyu will be entitled to temporarily suspend the services. If the Client fails to pay any amount payable by him/her under this agreement, OpticVyu will be entitled to charge additional 500Rs. per week of delay per camera system, valid up to the date of actual payment. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. All payments made against the purchases/services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.

Installation & Support

The End User is responsible for installing the OpticVyu Camera System in a suitable location for operation. It is the End User's responsibility to install and test the OpticVyu Camera System per there suitable requirements. Installation instruction can be found on the OpticVyu website in the Footer named “Installation Instructions”.

Additionally, OpticVyu may extend its services to install camera on jobsite at its will in case of critical site situations. Installation charges are applicable depending on the criticality and location of installation of OpticVyu camera.

Camera Installation Location

OpticVyu camera systems are site specific in a sense that camera settings & site information fed into the camera during initial setup is unique to given site. Camera system can be moved from one location to another on given site but we prohibit the shifting of same camera on any other client's sites. In order to avoid sharing of site's important data with the users of other jobsite and to minimize the malfunctioning of our web features like time lapse video creation, image comparison, event tagging, company name & time stamp on images etc, OpticVyu disallow the shifting of our camera systems from one jobsite to another. In case of negligence, we have the right to suspend or terminate your membership and access to the website and its services.

Once the project is completed, our camera can be moved to other jobsites with prior notice to OpticVyu. In such case, client can officially request OpticVyu to re-install and reset the same camera to suit latest jobsite. Once the camera is moved to “other site”, the previous project will be terminated and its corresponding data will be handed over to client and removed from the server after 30 calendar days of its shifting.

OpticVyu Data Download Tool" shall be digitally shared with the client to download the data after project completion. The tool remains active for 30 days. The client is expected to download the data within these 30 days post which, the data will be permanently deleted from OpticVyu servers.

Weather Information

We query an API based on given location to gather weather data and it is solely meant to understand site meteorological conditions. User agrees to use weather data at his/her own discretion and risk.

Ownership of Documents

All images and time-lapse videos created under this agreement are instruments of service and shall remain the property of OpticVyu until they are paid for full by the client. After the full payment is done, the ownership shall pass to the client. OpticVyu reserves the right to use some of the samples images and the time-lapse videos produced for the client for OpticVyu's marketing purpose. All Intellectual property and other materials owned by OpticVyu, including but not limited to embedded software, logos trademarks, patents shall remain the property of OpticVyu.

Return Policy

If the End User is not satisfied with the OpticVyu service and/or Camera Systems, the system can be returned (within 30days of commencement of OpticVyu services) for a full reimbursement bearing that there are no damages to the unit upon arrival at the OpticVyu office. For camera(s) returned within this time period, provided the condition(s), only the purchase price will be reimbursed within thirty (30) days of receipt of camera(s). Buyer will pay for the return shipment cost. If a product is returned as new but found to be damaged prior to its return, we have a right to refuse the refund completely or partially based on the extent of damage. There are no refunds on services (monthly invoice).

Construction camera is a sole property of OpticVyu and shall be handed over to OpticVyu personnel or shall be carefully wrapped and mailed to OpticVyu head office upon project completion.

Indemnity

You agree to defend, indemnify and hold harmless to OpticVyu, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

  1. your use of and access to the OpticVyu.com Website and its camera systems; or
  2. your violation of any term of these Terms of Service; or
  3. your violation of any third party right, including any copyright, property, or privacy right; or
  4. any injury to individual or his/her property caused by selling of Camera Systems or otherwise distributed by End User under the name of OpticVyu.

Limitation of Liability

The use of service provided by the camera system and website is at user's risk. OpticVyu makes no representations or warranties, either expressed or implied, with respect to the services, or any information provided through the service. The use of service provided by the camera system and website is at user's risk. OpticVyu makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. In no circumstance will OpticVyu be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service provided by camera system or any information on our website. OpticVyu, its officers, directors, owners, agents and employees shall in no way warrant that the camera system service will not be disturbed or error free and nor do they make any warranty from the output generated from the camera system and website.

Confidentiality of Rates/Quotation

It is the objective of this policy to establish the importance of discretion and confidentiality in terms of rates offered by OpticVyu to other party. All OpticVyu offered rates/quotation information is confidential and should not be disclosed to any party outside the firm for any reason, other than as required for appropriate financial reporting purposes. Any unauthorized disclosure of confidential information by signing party may lead to termination of offer provided by OpticVyu for further projects.

Governing Law

The rights and obligations of the parties pursuant to this agreement are governed by, and shall be construed in accordance with the relevant laws of Republic of India.