Terms of Use – single users

Welcome, and thank you for your interest in Vima Link SA (“Vima”, “we”, or “us”) and your use of the website https://vima.swiss, along with our related data analysis software, platforms and other services provided by us (together, the “Service”).

These Terms of Use are a legally binding agreement between (i) the Interviewee (as such term is defined under Section 2 below), and (ii) Vima, regarding the use of the Service.

1. ACCEPTANCE OF TERMS

Please carefully read these Terms of Use before using https://vima.swiss (the “Website”) or the Service. By clicking the “I ACCEPT” button, the checkbox in the registration pages of the Service, or by using any of the Services or Website, you acknowledge that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, these Terms of Use, including Vima’s Privacy Policy and any additional terms and policies Vima may provide from time to time (collectively, the “Terms of Use”).

Please carefully read the Vima Privacy Policy for information relating to our collection, use, storage and disclosure of all personal User Content. The Vima Privacy Policy is incorporated by reference into, and made a part of, these Terms of Use.

For purposes of these Terms of Use, data includes all messages, images, photos, video, data, text, audio and any other information input or generated on your behalf in connection with the Service (“User Content”).

For purposes of these Terms of Use, “you” means the Interviewee.

2. SCOPE OF SERVICE

The Service includes (but is not limited to) the provision by Vima of an automatic analysis tool that processes and analyses human behavior (the “Software”), based on different modalities of User Content, including video and audio recorded by the Interviewee.

The Service includes the following features:

i. interviewees (individually, the “Interviewee”, and collectively, the “Interviewees”) record an online video, on Vima’s platform;

ii. the video is processed and analyzed by the Software, and the results generated by the Software (the “Results”) are submitted by Vima to the Interviewee.

The Service also includes support services delivered by Vima and accessed by you using a web browser and the Internet.

Vima may make modifications to the Service at any time in its sole discretion.

3. ELIGIBILITY TO USE THE SERVICE

You represent and warrant to us that: (i) you are not a minor, (ii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are a minor, you represent and warrant to us that you have received the explicit authorization from your legal guardian to enter into these Terms of Use.

4. USE OF THE SERVICE

The Service is designed to be used through a supported modern web browser and an Internet connection.

To access most features of the Service, the Interviewee must register for an account. When the Interviewee registers for an account, the Interviewee may be required to provide us with some information about himself/herself, such as the Interviewee’s email address or other contact information. The Interviewee agrees that the information the Interviewee provides is accurate and that the Interviewee will keep it accurate and up-to-date at all times. When the Interviewee registers, the Interviewee will be asked to provide a password. The Interviewee is solely responsible for maintaining the confidentiality of the Interviewee’s account and password, and the Interviewee accepts responsibility for all activities that occur under the Interviewee’s account.

5. LICENCE

Subject to your complete and ongoing compliance with these Terms of Use, Vima grants to you a limited, non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable license to use the Service for your personal and internal use, during the Term.

The Service shall be used by means of Vima’s platform accessible via the Website.

6. PROPRIETARY RIGHTS

Vima owns all right, title and interest in and to the Service (including derivates or improvements thereof) as delivered, all related software and technology, products, templates, information, data, computer code (source code), compilation, visual interface, all of our content provided in connection with the Service, and any Service-related suggestions, ideas, enhancements, requests, feedback, and recommendations provided by you to Vima (the “Materials”). Except as expressly authorized by Vima, you may not make use of the Materials. Vima reserves all rights to the Materials not expressly granted in these Terms of Use.

You agree not to modify, alter, reproduce, or distribute the Service. You agree not to directly rent, lease, lend, sell, redistribute, or sublicense the Service. You agree not to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. You agree not to create derivative works based on the Service nor develop a similar software or platform to compete with Vima.

7. FEES

Access to the Service is free for the Interviewee.

8. USER CONTENT

Features of the Service permit you to provide User Content to or via the Service. In particular, but without limitation, Interviewees will record online videos on Vima’s platform.

You own all right, title, and interest in all User Content. Nevertheless, we need certain permission from you to provide the Service.

By providing User Content to or via the Service, you grant Vima a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual, and irrevocable license to use, analyze, copy, reproduce, store, publish, export, adapt, edit and translate the User Content to the extent reasonably required for the performance of the Service.

You further authorize Vima to adapt and translate the User Content, as well as to reproduce these adaptations on any digital medium, current or future, in order to provide the Service.

It is however understood that, in accordance with Vima’s Privacy Policy, the Results may not be submitted to, and shared with, any third party, without the prior approval of the Interviewee.

9. USER CONTENT REPRESENTATIONS AND WARRANTIES

You are solely responsible for your User Content and the consequences of providing User Content via the Service, and Vima disclaims any and all liability in connection with User Content.

By uploading User Content via and to the Service, you represent, warrant and covenant that:

i. you own all right, title, and interest in all User Content;

ii. you have obtained or will obtain all consents necessary for using and processing the User Content in accordance with these Terms of Use;

iii. you have appropriate legal bases under applicable data protection laws for using and processing the User Content in accordance with these Terms of Use;

iv. your User Content, and the use of your User Content as contemplated by these Terms of Use, will not cause Vima to violate any law or regulation;

v. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

vi. your User Content does not and will not contain hateful content (statement, image, photograph, or other content that in our judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise), a threat of physical harm (statement, image, photograph, or other content that in our judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others), or harassment.

The Interviewee further represents and warrants that he is personally answering the questions (in writing or orally on video) on Vima’s platform.

10. UNACCEPTABLE USAGE

You are solely responsible and liable for all User Content and the manner in which you collect or distribute User Content to third parties. We reserve the right to remove any User Content from our Service that we determine is in violation of these Terms of Use.

We may suspend your account at any time without notice for conduct that violates these Terms of Use.

Additionally, you will not do any of the following in connection with your use of the Service or Website:

i. violate applicable law;

ii. interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content;

iii. resell the Service or permit third parties to use the Service or Website without our prior written consent;

iv. make unauthorized copies of any content in the Service or Website;

v. upload, send, or store malicious software or User Content that condones, promotes, contains, or links to cracks, hacks, their associated utilities, or other piracy-related information;

vi. upload binary files or executable code;

vii. use the Service, directly or indirectly, to initiate, propagate, participate, direct or attempt any attack, hack, or crack, or send bandwidth saturation, malicious or potentially damaging network messages;

viii. use the Service to send links to third-party services;

ix. use the Service in a way that circumvents usage limits;

x. use the Service to collect User Content without appropriate authorization; and

xi. use the Service to collect User Content in manner that is out of compliance with your entity’s internal policies.

If your use of the Service requires you to comply with specific regulations, you are solely responsible for such compliance, and you will not use the Service in a way that would subject us to those specific regulations without our prior written agreement.

11. ACCESS TO SERVICES

Vima shall use reasonable endeavors to maintain the availability of the Service but does not guarantee 100% availability, in particular in case of a fault or failure of the internet or any public telecommunications network, a fault or failure of your computer systems or networks, any breach by you of these Terms of Use, or scheduled maintenance carried out in accordance with these Terms of Use.

12. TERM

These Terms of Use are effective beginning when you accept the Terms of Use, or first download, install, access, or use the Service, and end when terminated as described in this Section 12.

If you violate any provision of these Terms of Use, your authorization to access the Service and these Terms of Use automatically terminates. In addition, Vima may, at its sole discretion, terminate these Terms of Use or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

Following any termination, Vima will discontinue providing Services, and you will cease using Services.

13. CONFIDENTIAL INFORMATION

Each of you and us agrees to hold each other’s Confidential Information and not to disclose it to any third party without the prior written consent of the disclosing party. We maintain a comprehensive Privacy Policy at https://vima.swiss/hr-pp-single/. The obligations to protect Confidential Information under this Section 13 shall not apply to information which: (a) is or becomes publicly known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party’s possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidential or proprietary restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure without restriction; (e) is or was developed independently by the receiving party without use of or reference to any of the Confidential Information and without violation of any confidentiality restriction; or (f) is required to be disclosed by law.

“Confidential Information” includes agreements between you and us, business and marketing plans and strategies, non-public business and technology information, trade secrets, User Content, any written materials marked as confidential, and any other information, including visual and oral information, which reasonably should be understood to be confidential.

14. INDEMNIFICATION

To the extent allowed by law, you agree to indemnify and hold Vima harmless against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of the Service. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks, or other proprietary rights and from the use of any libelous or unlawful material contained within your User Content.

15. LIMITATIONS OF WARRANTIES

THE SERVICE AND ALL MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING (I) IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR VIMA OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

VIMA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED.

16. LIMITATION OF LIABILITY

IN NO EVENT WILL VIMA BE LIABLE FOR DAMAGES CAUSED BY THE SERVICES OR THE CONTENTS OF THIS WEBSITE, UNLESS DUE SOLELY TO OUR INTENTIONAL WRONGDOING OR WILLFUL MISCONDUCT. EXCEPT FOR INTENTIONAL WRONGDOING OR WILFULL MISCONDUCT, THE AGGREGATE LIABILITY OF VIMA FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO THE SERVICES OR WEBSITE SHALL NOT EXCEED CHF 100.

17. OTHER TERMS

Entire Agreement: These Terms of Use constitute the entire agreement and understanding between you and us.

Choice of Law and Forum: These Terms of Use shall be governed and interpreted in accordance with the laws of Switzerland, without regard to principles of conflict of laws. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be in Martigny, Switzerland.

Modifications to this Agreement: We may modify these Terms of Use at any time by posting a revised version on the Website or by sending a message to the email address associated with your account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message, whichever is earlier. By continuing to use the Services after the effective date of any modifications to these Terms of Use, you agree to be bound by the modified terms. It is your responsibility to check this website regularly for modifications to these Terms of Use.

Severability: If any of these provisions is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remainder of these Terms of Use.

Data privacy statement of Vima.