TERMS OF USE OF VIDSIGHT™ SOLUTION SUBSCRIPTION MODEL
These Terms of Use, Approved Application Policy and Privacy Policy ("these Terms") are applicable between the owner and operator of VidSight™ Solution, Affinities Village Sdn. Bhd., a private limited company incorporated in Malaysia and having its business address at Unit 901C, Uptown 5, Jalan SS21/39, 47400 Petaling Jaya, Selangor (hereafter referred to as "VIDSIGHT" or "AFV") and the user (hereinafter referred to as "Subscriber" or "you").
VidSight™ Solution is a platform that enables real-time video communication & recoding and real-time massaging services between users (hereinafter referred to as "the Service"). By accessing the platform and using the Service, Subscriber agrees to be bound by these Terms of Use, Approved Application Policy & Privacy Policy without limitation or qualification. Please read these terms and conditions carefully before using the Services, otherwise, you should stop using or accessing it. AFV shall have the right to modify, update or amend this policy at any time by placing the updated policy on the platform. By continuing to use the platform or its services, or products or services offered through the platform following the modifications, updates or amendments to this policy, you signify your acceptance of such modifications, updates or amendments.
- THE SERVICE
The Service is made available to the Subscriber through a subscription to the service by choosing the desired package available.
- RIGHTS GRANTED TO THE SUBSCRIBER
During the term of the subscription, AFV shall provide Subscriber with the following services which together constitute the Service:
- A license to access and use the website, platform & services;
- subject to Clause 3, availability of the Services 24x7; and
- Daily Backup of the Subscriber's data on the Service.
- SERVICE LEVEL
During the term of the subscription by Subscriber, AFV shall exercise its best endeavour to ensure that the service level availability of the Service shall exceed 95% on a monthly cumulative basis. The service availability shall be deemed to be affected upon the occurrence of an Unscheduled Downtime.
For the purpose of this clause, "Unscheduled Downtime" refers to any disruption of or interruption in the access to the VidSight™ Solution platform, excluding disruptions and interruptions occurring in whole or in part as a result of or in connection with any one or more of the following:
(i) any scheduled maintenance outage for the performance of maintenance services carried out by AFV on the Data Centre Core Network, hardware equipment, software systems;
(ii) any failure by Subscriber to maintain or to ensure that the Subscriber's equipment and/or internet connection is maintained in good working condition;
(iii) any breach of or failure by Subscriber to perform any of its obligations under this Agreement;
(iv) any other act or omission of Subscriber, its employee, servants and/or agents, or of any entity over which Subscriber has control or has the right to control; or
(v) any act or omission of any third party.
- NEW SOFTWARE VERSIONS
All new versions of the Software will be posted as they become available. It is expressly agreed that only new updated versions will be accessible by the Subscriber.
- SUBSCRIPTION AND AUTO-RENEWALS
The Service uses a subscription model for which you will be periodically billed the amounts indicated to you at the time of your subscription in advance (the "Subscription Fee") based on the parameters set out in the subscription page in our website (
"the Subscription Plan"). All sales and services taxes applicable to the Service shall be borne by you and the amount of applicable taxes payable will be displayed in the invoices.
You hereby authorize VIDSIGHT to charge you in advance for the Subscription Fee and for all applicable taxes and until termination or cancellation of either the Subscription Plan or your account.
You agree that your subscription will automatically renew for successive periods unless you cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account.
You may upgrade your Subscription Plan at any time during your subscription but if you wish to downgrade your plan you have to cancel your subscription and re-subscribe for the desired package.
- APPROVED APPLICATION POLICY
Your Subscription Plan allows you to use the Service subject to VIDSIGHT's Approved Application Policy located in our "Approved Application Policy" page, including all compliance obligations listed therein.
VIDSIGHT reserves the right to investigate and take appropriate legal action against anyone who, in VIDSIGHT's sole discretion, violates these Terms, including without limitation, removing the offending content from the Service, suspending or terminating the access of such violators and reporting you to the law enforcement authorities. If you are unsure whether your application or your use of the Service complies with the Approved Application Policy, please email us at support@vidsight.net for clarification before use. Any remaining period of subscription unutilised due to termination by us for this above reason shall be absolutely forfeited.
- VENDOR CONTENT
7.1 Where the Service allows you or your users to upload content to or via the Service, including messages, photos, video, audio, images, folders, data, text, and other types of works ("Vendor Content") and to display, transmit, record, and store Vendor Content on or via the Service. You will retain any copyright and other proprietary rights that you may hold in the Vendor Content that you upload to the Service. You warrant and represent to VIDSIGHT and its affiliates that you inform how and why you and the Service collect Vendor Content and what kind of Vendor Content will be collected when your users interact with the Service, and that you and/or your users have obtained all the necessary and explicit consent and authorization from your users and/or any third party (as applicable and necessary), before using the Service (including the recording and/or storage features), for VIDSIGHT to provide the Service for you or your users.
7.2 By providing Vendor Content to or via the Service, you grant VIDSIGHT a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, transferable right and license (with the right to sublicense) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify for the purpose of formatting for display, and distribute your Vendor Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
7.3 VIDSIGHT disclaims any and all liability in connection with Vendor Content. You are solely responsible for the Vendor Content and the consequences of providing User Content via the Service. By providing Vendor Content via the Service, you affirm, represent, and warrant that:
(a) you are the creator and owner of the Vendor Content, or have the necessary licenses, rights, consents, and permissions to authorize VIDSIGHT to use and distribute your Vendor Content as necessary to exercise the licenses granted by you in this Clause, in the manner contemplated by VIDSIGHT the Service, and these Terms;
(b) your Vendor Content, and the use of your Vendor Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any legitimate right of your users or any third party, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, any other intellectual property/proprietary right, right to give and withdraw consent, or any other data protection right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause VIDSIGHT to violate any law or regulation; and
(c) your Vendor Content shall not be profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate and/or illegal.
7.4 We are under no obligation to edit or control Vendor Content that you or other users post or publish, and will not be in any way responsible or liable for Vendor Content. VIDSIGHT may, however, at any time and without prior notice, screen, remove, edit, or block any Vendor Content that in our sole judgment violates these Terms. If notified by a user or content owner that Vendor Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Vendor Content, which we reserve the right to do at any time and without notice.
7.5 Notwithstanding the foregoing, we do not control and does not have any obligation to monitor: (a) Vendor Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that VIDSIGHT reserves the right to, and may at any time monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time VIDSIGHT chooses to monitor the content, VIDSIGHT still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
- WARRANTY & LIABILITY
8.1 AFV warrants to Subscriber that it is the owner of all Intellectual Property Rights in VidSight™ Solution and has all the rights concerning the software necessary to grant Subscriber a non-exclusive, non-transferable and non-sublicensable license to use the Service for the duration of its subscription.
8.2 AFV, however, does not warrant that the platform or the functions contained in the Service will be uninterrupted or error-free that defects will be corrected.
8.3 AFV makes no warranties or representation as to the accuracy of the content of the platform and shall under no circumstances be liable to Subscriber for any indirect, incidental, consequential, indirect, or punitive damages that result of the use of, or the inability to use, the materials on this platform, even if AFV have been advised of the possibility of such damages. To the fullest extent permitted by law, in no event shall AFV be liable to Subscriber for using the functions of and accessing this platform.
8.4 You agree to indemnify, defend, and hold VIDSIGHT and its affiliates, officers, directors, agents, service providers, partners, and employees harmless from any claim, demand or allegation made by any third party, and all related losses, damages, liabilities, costs and expenses (including our legal fees on a solicitor-client basis), that it is any way related to:
(a). your use of the Service;
(b). any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service and your content on the Service; and
(c). your breach of any representation, warranty or covenant included in these Terms.
The foregoing indemnity provision shall be in addition to and not in lieu of any other indemnification obligations set forth in these Terms.
- INTELLECTUAL PROPERTY RIGHTS
The VidSight™ website, platform, and Service is owned and operated by VIDSIGHT. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements ("Materials") provided by VIDSIGHT are protected by intellectual property and other laws. All Materials are the property of VIDSIGHT or its third party licensors.
Intellectual property rights in the VidSight™ website, platform and the Service, including but not limited to the "VIDSIGHT " trademark, trade names, service marks, logos, domain names and the like ("VIDSIGHT Marks") belong exclusively to VIDSIGHT. Nothing in these Terms grant you any right, title, license, or interest in any intellectual property owned or licensed by VIDSIGHT, including (but not limited to) our website, platform, the Service, Materials, or the VIDSIGHT Marks.
- ARCHIVING AND STORAGE OF RECORDED COMMUNICATIONS
You acknowledge and understand that there are laws governing the electronic recording of communications and that VIDSIGHT will not be liable for any illegal use by you of the Service. You should carefully review your own circumstances when deciding whether to use the recording features of the Service and it is your responsibility to determine if the electronic recordings are legal under applicable laws. In addition, you acknowledge that the storage and maintenance of recorded communications is not guaranteed by VIDSIGHT and agree that VIDSIGHT will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.
- APPLICABLE LAW & JURISDICTION
The laws applicable to these Terms shall be the laws of Malaysia and parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
- MODIFICATIONS
We reserve the right to change, modify, or update our website and platform at any time, to impose additional restrictions or limitations on the Service (including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on VIDSIGHT's servers on your behalf), or to change, modify or update the fees charged for all or a portion of the Service. You agree that VIDSIGHT has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. VIDSIGHT may decide what features to include in the Service and whether to make them optional or mandatory. You further acknowledge that VIDSIGHT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
We also reserve the right to change, modify or update the Terms at any time. If we revise the Terms, we will post the revised Terms on our Website, and you consent to receiving notice of any changes through such posting. If required by law, VIDSIGHT will also provide you notice of changes. If you do not agree to the revisions, you must cease to use the Service. Your continued use of the Service on your application after the posting of the revised Terms means that you have accepted the new Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
PRIVACY POLICY
- PERSONAL DATA COLLECTION
(a). According to the Malaysian Personal Data Protection Act 2010, personal data is any means of directly or indirectly identifying a natural person.
(b). In the context of the exploitation of the products it proposes, AFV may collect data necessary for the proper functioning of the Service and the execution of its contract with Subscriber pursuant to the subscription subscribed by Subscriber.
(c). It may be required to collect, store or even use the following data: the IP address, the visitor's number of the user's website, the statistics on the pages viewed, the conversation history, the browsing history, physical coordinates (city for example), and any other information provided by the user (name, email address, profession) or resulting in a possible identification.
(d). In addition, during the eventual collection of personal data, the customer will of course ensure that the consent of the end user or users of the Service is obtained beforehand.
- PROTECTION OF SUBSCRIBER DATA
AFV undertakes to apply the administrative, physical, and appropriate technical measures to protect the security, confidentiality and integrity of user's data, and to enter into a data processing agreement with the Subscriber, whereby the Subscriber's obligations as data controller of his customers and AFV's obligations as processor thereof will be duly addressed.
AFV refrains from (a) modifying the Subscriber's data, (b) disclosing the Subscriber's data unless AFV is legally required or if AFV is expressly authorized by the Subscriber, or for the purpose of providing the Service or prevent or resolve technical problems or the user's request for customer support issues.
- SUBSCRIBER RIGHTS
In accordance with the PDPA, all users of the Service have a right of access, rectification and opposition for legitimate reasons to the processing of data. These rights may be exercised by simple request by email to the email address: support@vidsight.net.
- USE OF COOKIES BY THE END USER
AFV use cookies and other storage devices for the operation of its applications and software. In the case of AFV, the use of cookies or storage devices makes it easier to navigate between web pages, to establish a history of previous visits, and to recognize the end user on future visits. As a result, they greatly facilitate navigation and service to the user.
Thus, if the end user withdraws his consent on the use of cookies by setting his browser, it cannot be recognized during his next visit to the site of the co-contracting company and information about him cannot be found.
It is the customer's responsibility to prevent the use of cookies and to ask for his prior consent.
APPROVED APPLICATION POLICY
This Approved Application Policy (this "Policy") describes prohibited uses of the Service. VIDSIGHT may modify this Policy at any time by posting a revised version on its website. By using the Services, you acknowledge that you agree to the Terms of Use and this Approved Application Policy. This Policy is incorporated by reference into the
Terms of Use. Capitalized terms used in this Policy but not defined have the meanings set forth in the Terms of Use, the Privacy Policy, or other relevant VIDSIGHT documents.
Inquiries regarding this Policy should be directed to support@vidsight.net.
- Prohibited Uses.
You may not use the Service in any illegal, abusive or other manner that interferes with the business or activities of any other party. You may not incorporate or use the Service in connection with Your Product if Your Product or any of the content, services or advertising available on Your Product (or if your use of the Service otherwise):
(a) Uses the Service in a manner that is primarily directed to children aged 16 or under or that has children aged 16 or under as a significant proportion of its users unless explicitly agreed to by VIDSIGHT;
(b) Uses the Service, in, or to develop, a product or service that delivers separate, stand-alone functionality substantially similar to the Services;
(c) Transmits any material that contains adult content or entertainment or anything that violates the Malaysian Child Act 2001 (Act 611), including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
(d) Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
(e) Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, prostitution, rights of privacy, or rights of personality);
(f) Takes any action or transmitting any material that constitutes, promotes or is used for illegal activities;
(g) Uses the Service in a way that constitutes or promotes, or for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials;
(h) Promotes illegal drugs, violates export control laws, or relates to illegal arms trafficking; or
(i) Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or VIDSIGHT.
- Content.
2.1 You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials ("Content") that you upload, store, post, publish, display or otherwise transmit or use (hereinafter, "Post") in connection with the Service. Without limiting the foregoing, you shall not (nor shall you allow any third party to) knowingly or with reason to know use the Service to:
(a) Post any Content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous or invasive of another's privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or in the sole judgment of VIDSIGHT, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose VIDSIGHT or its users to any harm or liability of any type;
(b) interfere with or disrupt the Service or servers or networks connected to the Service, including by consuming a disproportionate share of the resources of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(c) violate any applicable local, state, national, or international law, or any regulations having the force of law;
(d) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
2.2 VIDSIGHT does not actively monitor the Service or your use of the Service but may elect to do so in its discretion. VIDSIGHT may (a) investigate violations of this Policy; (b) remove, disable access to, or modify any Content or resources that violates this Policy or any other agreement we have with you for use of the Service; or (c) report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulations, or other appropriate third parties. However, VIDSIGHT will not be responsible for any claim based on any commentary or Content posted in the Service by you or your users, including any claim that the content violates any person's rights or is defamatory, libelous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behavior in your use of the Service in connection with Your Product.
- Privacy.
If you use the Service to collect, display or transmit any personal information about your users, you will prominently display a privacy policy that complies with all applicable laws and that makes it clear to users what data you collect and how you will use, display, share and otherwise process that data. You will collect and use user data only in accordance with your privacy policy and all applicable laws and regulations. You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.
- Consequences of Violation.
If we determine that you have violated any part of this Policy, we may remove any offending content or suspend or terminate your use of the Service. We may intercept or block any content or traffic where the Service is being used unlawfully or not in accordance with this Policy. Our right to suspend or terminate your use of the Service applies even if a violation is committed unintentionally or without your authorization.
- Reporting.
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact us at support@vidsight.net.
Contact Us On WhatsApp