GENERAL

1. The online service found at https://report.qualisys.com (the “Report Center”) is run by Qualisys AB, a legal entity based in Sweden with company registration number 556591-1160, Kvarnbergsgatan 2, SE-411 05 Gothenburg (below referred to as ”Qualisys”).
2. These Terms of Service apply for all report services provided through Qualisys in the Report Center, unless otherwise is stated in Qualisys’ offer or agreed between the parties in writing.
3. Qualisys reserves the right to – from time to time – amend these Terms of Service. Any changes that Qualisys makes will enter into force no earlier than thirty (30) days after the revised Terms of Service have been made available in the Report Center. Using the Service after the changes become effective means you agree to the new terms.

DEFINITIONS AND INTERPRETATIONS

In these Terms of Service, the following capitalized terms shall have the meanings ascribed to them below, and references to the singular shall include the plural and vice versa.

“Operator”

shall refer to the person or entity that operates the locally installed hardware and software that is used to perform measurements to gather input data for reports.

“Participant”

shall refer to any person whose body movements are being recorded by the Operator.

“Data Upload”

shall mean the process where the Operator transfers locally stored content to the online Report Center. This content typically consists of measurement results (3D marker data and derived quantities), optionally combined with the Participant’s personal data and video files.

“Use”

includes the act of Data Upload as well as provision, editing, sharing and viewing of online reports.

“Users”

include Operators, Participants and any third party using the Report Center.

PRICE AND PAYMENT

Use of the Report Center requires that the Operator has (a) a valid license for Qualisys Track Manager, (b) a valid license for a compatible PAF Module and (c) a valid Support Agreement (see General conditions of Support) unless a campaign offer applies or stated otherwise in writing.

LIMITATION OF LIABILITY

1. Qualisys shall under no circumstances be liable to the user for loss of profit, revenue, savings or goodwill, loss of data, the user’s obligation to compensate a third party or any other indirect or consequential damage of any kind.
2. Qualisys’ aggregate and total liability under these Terms in respect of one or more events or series of events (whether connected or unconnected) shall be limited to an amount equal to one (1) base amount under, at any given time, the Swedish National Insurance Act (1962:381).

OWNERSHIP

1. All intellectual property rights to the Report Center services and related documentation supplied by Qualisys and/or sold to the Operator, including but not limited to patents, copyrights, design rights, know-how and trademarks, shall be owned by and vested in Qualisys, or Qualisys' supplier and nothing in these Terms of Service shall be interpreted as a transfer of such rights from Qualisys to the user.
2. All content that the Operator uploads to the Report Center remains the Operator’s content. Qualisys does not claim ownership of this content.
3. The Operator grants Qualisys a worldwide and royalty-free intellectual property license to the extent necessary to provide the Report Center services to the Operator and others, and to improve Qualisys products and services.

PRIVACY POLICY AND PROCESSING OF DATA

1. When performing the Data Upload, Qualisys becomes data processor on behalf of the Operator. The Operator is data controller and thereby responsible for obtaining consent from the person(s) that appear in the uploaded data, if applicable. The Operator has the obligation to ensure that the uploaded data is fully compliant with data protection regulations applicable in the Operator’s Territory.
2. If personal data is included in the Data Upload (e.g. name of Participant, video files in which Participant is identifiable), Qualisys will process this data as a personal data processor in order to provide the Report Center and related services. The legal basis for this processing of the mentioned data is the legitimate interest pursued by Qualisys and the Customer to fulfill Qualisys’ obligations to the Operator following the contract between the Operator and Qualisys.
3. Furthermore, Qualisys’ will process details regarding the devices that are used for browsing the Report Center and details regarding the use of the Report Center (operating system, browser type, IP address, traffic data, location data, weblogs, behavior and usage statistics), which may or may not be personal data, to make the Report Center as relevant as possible to all users, for statistical purposes and to develop the Report Center and Qualisys’ products and services. For further information regarding Qualisys’ use of cookies, please refer to the Qualisys Cookie Policy.
4. Qualisys may use any data that is included in the Data Upload, except for personal data, to improve the products and services that Qualisys provides. For example, Qualisys may use anonymized 3D marker trajectory data to improve automatic marker labelling. Qualisys will never use personal data for such purposes.

MISCELLANEOUS

1. Qualisys’ aim is that the Report Center shall work satisfactory at all times. However, the Report Center is provided as it is and with the quality it has.
2. Should any provision of these Terms of Service or part thereof be void or invalid, the other provisions of these Terms of Service shall remain in force and the provision may be amended to the extent such invalidity materially affects the rights or obligations of the Operator or Qualisys under these Terms of Service.
3. In case of force majeure (e.g. war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events) the contract between the Operator and Qualisys can be partially or fully terminated by Qualisys without incurring any liability whatsoever.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service are governed by Swedish law, without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall at first instance be settled by the District Court of Gothenburg, Sweden.