Terms of Use

1. Acceptance of Terms

By accessing our website or using any PrimeVision service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are acting on behalf of a company or organisation, you represent that you have authority to bind that entity. If you do not agree to these Terms, you may not use our website or services. We reserve the right to modify these Terms at any time; we will provide notice of material changes and your continued use after such changes constitutes acceptance.

2. Services Description

PrimeVision provides hardware, software, and professional services including but not limited to:

• Holographic fan display hardware (Solo 43, Solo 65, Wall Pro, Prime Pod series)
• Digital Avatar and AI-powered concierge systems
• Smart Surveillance Avatar installations
• Cloud content management system (CMS) and mobile application access
• 3D content creation, animation, and creative production services
• Footfall analytics, dwell time measurement, and BI export solutions
• Installation, commissioning, training, and ongoing support services

Specific deliverables, scope, hardware specifications, and commercial terms will be set forth in separate proposals or service agreements ("Service Agreements"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific services covered.

3. Website Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You must not: attempt to gain unauthorised access to any part of our website or systems; transmit any harmful or disruptive code; use automated means to scrape, crawl, or extract content; impersonate any person or entity; or use our website in a manner that could damage, disable, or impair it. We reserve the right to restrict or terminate access to our website for violations of these Terms.

4. User Accounts

Where we provide client portal or CMS access, you are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You agree to provide accurate and complete information and to notify us promptly of any unauthorised use. We are not liable for loss or damage arising from your failure to secure your account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

5. Payment Terms

Fees for hardware, software, and services will be as set forth in the applicable proposal or Service Agreement. Unless otherwise agreed in writing:

• Invoices are payable within 30 days of issue unless otherwise specified.
• Late payments accrue interest at 5% per annum above the Swiss National Bank reference rate.
• You are responsible for all applicable taxes (VAT, customs duties) unless expressly included in the quote.
• Hardware deposits and pre-production payments are non-refundable once production has commenced.
• Title to hardware passes to you upon receipt of full payment.

We may suspend services or withhold delivery for non-payment. Disputed invoice amounts must be communicated in writing within 10 business days of receipt; undisputed portions remain due.

6. Intellectual Property

Our website, CMS platform, software, firmware, design assets, methodologies, and pre-existing materials remain the sole property of PrimeVision or our licensors. Subject to full payment and the terms of the applicable Service Agreement, we grant you a limited, non-exclusive licence to use deliverables created specifically for you. We retain the right to use generalised learnings and methodologies in our business. You represent that any content, assets, or materials you provide do not infringe third-party rights and that you have the right to licence them to us for the purpose of delivering our services. We will not use your trademarks or brand assets beyond what is necessary to perform the agreed services.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in connection with our services - including technical designs, pricing, customer data, and proprietary methods. Neither party will use the other's confidential information except as necessary to perform under these Terms or disclose it to third parties except to advisors bound by equivalent obligations. These obligations survive termination of any engagement by three years, or indefinitely for trade secrets. Disclosure required by Swiss or EU law or a competent authority is permitted provided reasonable notice is given where lawfully permitted.

7. Limitation of Liability

To the maximum extent permitted by Swiss law, PrimeVision and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or related to these Terms or our services. Our total aggregate liability for any claim shall not exceed the total fees paid by you in the twelve months preceding the claim. This limitation does not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. Hardware warranty claims are governed by the applicable product warranty terms provided at time of sale.

8. Indemnification

You agree to indemnify and hold harmless PrimeVision and its affiliates, officers, directors, and employees from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) your use of our services in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your violation of any third-party right; (d) any content or data you provide to us; or (e) your deployment of our hardware or software in a manner inconsistent with our installation guidelines or applicable law. This indemnity does not apply to the extent that claims arise from our own negligence or wilful misconduct.

9. Termination

Either party may terminate an engagement as specified in the applicable Service Agreement. We may suspend or terminate website or CMS access immediately if you breach these Terms or if required to do so by law. Upon termination, your right to use our software and CMS platform ceases. Hardware already delivered and paid for remains your property. Sections that by their nature should survive (Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Governing Law) will survive. Fees owed for services rendered or hardware delivered prior to termination remain due.

10. Governing Law

These Terms and any dispute arising out of or related to them or our services shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. For clients based in Italy, mandatory provisions of Italian consumer or commercial law shall apply where applicable. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

11. Dispute Resolution

In the event of a dispute, both parties agree first to attempt resolution through good faith negotiation within 30 days of written notice. If unresolved, disputes shall be referred to the exclusive jurisdiction of the courts of Lugano, Canton of Ticino, Switzerland. For clients in Italy, either party may also elect the jurisdiction of the courts of Milan as an alternative forum. Nothing in these Terms prevents either party from seeking urgent interim relief from a competent court.

12. Contact Information

For questions about these Terms of Use or any legal matter relating to your engagement with PrimeVision: