Terms and Conditions
1. AGREEMENT TO PURCHASE. This Agreement is entered into as of the date executed by TVEyes, Inc. (“Company” or “we”) and the institution or organization identified in the attached Schedule of Subscriptions and Fees included hereto (“Client” or “you”). We hereby agree to sell and you agree to purchase the number of TVEyes user access as identified on such Schedule (hereafter referred to as “the Access”). The Client agrees to pay the fees specified therein, and the Company agrees to deliver the Access as outlined in this Agreement.
Client may purchase additional subscriptions from time to time by executing a supplemental Statement(s) of Access or by email that will reference and be subject to the terms and conditions of this Agreement. Any additional platform content or features not specifically outlined in this Agreement and requested by Client, may require additional fees for Customer to utilize.
2. TERM. The term of this Agreement shall commence on the date specified in your contract and end on the date specified as well (typically 365 days later). TVEyes reserves the right to change the fees associated with this Agreement at the conclusion of each Term.
3. RENEWAL: The TVEyes Service provided under this agreement shall be provided for the term described herein. The Service will automatically renew for a term of the same length unless (i) You provide TVEyes with email notice no later than sixty (60) days prior to the end of the term of your intention not to renew the service, or (ii) TVEyes provides you with written notice no later than sixty (60) days prior to the end of term of its intention not to renew the agreement. TVEyes reserves the right during any renewal term to increase its fees for the Service provided herein. In addition, Company and client may add other TVEyes Services to this Agreement for additional costs upon the mutual agreement of both parties.
4. OWNERSHIP AND COPYRIGHT. Company and its third-party providers shall retain ownership of all rights in and to the Access. Client may not copy, license, sell, resell, transfer, distribute or otherwise exploit any of the foregoing and will use its best efforts to stop any unauthorized use thereof. The data provided is from proprietary sources and may be utilized for Client’s internal research and analysis purposes only. TVEyes adheres to third party provider restrictions.
5. CONFIDENTIALITY. The parties agree that the terms of this Agreement shall remain confidential and shall not be divulged to any third party. Nothing in this paragraph shall be deemed to restrict Company’s right to include Client’s name in its promotional material (e.g., client lists).
6. LIMITATION OF LIABILITY. Neither party shall be liable to the other party for any loss of profit or other commercial injury, or any special incident, punitive or consequential damages under any cause of action arising out of or relating to this agreement, even if advised in advance of the possibility of such damages.
7. ASSIGNMENT. The Client may not assign the Access granted under this Agreement without the prior written consent of TVEyes.
8. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement shall be deemed to create or constitute a partnership, joint venture, or relationship of principal and agent between the parties.
9. ENTIRE AGREEMENT. This Agreement, consisting of Schedule of Access and Fees and Terms and Conditions sets forth the entire agreement between the parties and supersedes any and all previous oral or written agreements or understandings between the parties. This Agreement may not be changed, modified or discharged, in whole or in part, except by a writing signed by both parties.
10. INTEGRATION. TVEyes may, at the request of the client, provide integration to a third-party platform. This will include only search results. This integration will be available only to customers who maintain a contractual relationship with TVEyes. Further, TVEyes is not responsible for the claims made by third-party service providers related to the utilization of TVEyes, its services or its capture network.
11. UNAUTHORIZED USE. TVEyes may occasionally audit Clients usage of Services. Any unauthorized use, including but not limited to sharing of log-ins, will be charged as an additional user at a pro-rated price of the contractual rate plus 25% per seat per year. TVEyes will discuss any unauthorized use with Client before invoicing for additional seats. Flexibility may be granted up to three I.P. addresses per log-in. Repeated unauthorized use may result in Services being suspended.
