General Terms and Conditions of Sale
Article 1: Subject
These general terms and conditions of sale define the rights and obligations of the parties in the context of the sale of real-time video analysis services (hereinafter referred to as the "Services") by Anavid France SASU (hereinafter referred to as the "Supplier") to the customer (hereinafter referred to as the "Customer"), for their installation in an Establishment Receiving Public (hereinafter referred to as the ERP).
Article 2: Services
The Supplier offers the Customer a range of real-time video analysis Services, the characteristics of which are described on the Supplier's website, www.anavid.ai. The Services allow the ERP manager to:
- Analyze the video streams from its surveillance cameras in real time.
- Detect suspicious shoplifting movements.
- Receive alerts in case of detected movement.
- Receive behavioral analysis results.
Article 3: Price, duration, and renewal
The prices of the Services and durations are defined in the attached quote. They are expressed in euros, excluding taxes and all taxes included (TTC). The commitment between the parties runs for the entire duration mentioned in the quote, with a tacit renewal of the same duration unless denounced by one of the parties two months before the anniversary date.
Article 4: Responsibility
The Supplier undertakes to provide the Services with diligence and competence. However, the Supplier cannot be held responsible for indirect or immaterial damage caused by using the Services. The Customer is responsible for the security of its surveillance cameras and data.
Article 5: Confidentiality
The Supplier undertakes to respect the confidentiality of the ERP's data. The Customer and the ERP manager are informed and consent that the Supplier may process the data collected in the context of the Services for the following purposes:
Improve the quality of the Services;
Carry out statistics;
Perform anonymous artificial intelligence processing.
The Supplier undertakes that no other purpose will be pursued and that the processing will be proportionate to the purposes. No processing of personal data is carried out in the context of improving the Services via Artificial Intelligence.
Article 6:Continuous improvement of services
The Supplier undertakes to make incremental deliveries aimed at improving the performance of the Services.
Article 7: Data storage period
The Supplier undertakes that the storage period for data collected under Article 6 is 24 months from the registration date.
Article 8: Use of subcontractors
The Supplier undertakes to inform the customer and the ERP manager in the event of recourse to the services of a subcontractor to carry out specific processing activities and to comply with the particular requirements set out in Article 28, paragraphs 2 and 4, of Regulation (EU) 2016/679 or Article 29, paragraphs 2 and 4, of Regulation (EU) 2018/1725.
Article 9: Declarations and authorizations
The ERP manager confirms that he has made all mandatory declarations relating to video surveillance, in particular those provided for by the Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR), and has obtained all the necessary authorizations to connect its video surveillance system to the Supplier's processing servers. The Supplier cannot be held responsible for declaring and complying with the legal and regulatory obligations relating to video surveillance and data protection.
Article 10: Intellectual property
The Supplier owns all intellectual property rights relating to the Services. It also has all rights to its trademarks: "anavid", "shopanalytics", "shoplifting detector" and "mall analytics". Any use or reproduction (total or partial) of the trademarks and/or logos present on the solution is prohibited without the written authorization of the Supplier.
Article 11: Maintenance
The supplier uses advanced monitoring tools and will continue to ensure the operational condition of the services in real-time. However, the Supplier cannot be held responsible for malfunctions of the Services in the event of a hardware failure or Internet connection in the ERP. The Customer undertakes to repair any failures related to the cameras, the DVR or NVR recorder, and the Internet connection as soon as possible. No refund can be requested if a malfunction originates from a technical failure in the ERP.
Article 12: Payment
Payments applicable to this contract must be made according to the deadlines and in the bank account mentioned in the invoice sent to the customer.
Article 13: General provisions
These General Terms and Conditions of Sale constitute the entire agreement between the parties. Modifications of these GTCS will only be valid with the written agreement of both parties.
Article 14: Disputes
These GTCS are subject to French law. In case of dispute, the parties assign exclusive jurisdiction in Paris.