ESLConnect Terms and Conditions

Introduction

We thank you for your interest in ESLConnect. These are our Terms and Conditions, which set out the terms under which we provide ESLConnect to you. By accepting these Terms in the ESLConnect client, creating an account, accessing, or otherwise using ESLConnect, you agree to these Terms. If you do not agree to these Terms, you should not use ESLConnect.

Should you, after reading these Terms, have any questions or comments, you can always contact us. We are happy to help.

1. About ESLConnect

1.1. ESLConnect is provided by Opticon Sensors Europe B.V., a company with private limited liability under Dutch law, having its registered office at Opaallaan 35, 2132 XV Hoofddorp, the Netherlands, with Chamber of Commerce No. 34064005.

1.2. ESLConnect is an application and related online service for users of compatible Opticon Electronic Shelf Labels (“ESLs”). ESLConnect allows users to claim, organize, manage, configure, and update ESLs, manage workspaces and workspace members, and use related features through the ESLConnect app and portal.

1.3. ESLConnect may include optional Template Mode and ESL Web Server configuration features. These features help authorized workspace members connect to a configured ESL Web Server environment for template and product workflows.

1.4. ESLConnect is primarily intended for business and professional use, such as managing ESLs in shops, offices, venues, and other organizational environments. Some features may also be used by individual users who have purchased or obtained compatible Opticon products.

2. Updating These Terms

2.1. We may change these Terms from time to time. We will notify you in a reasonable way where required, for example through the application, portal, email, marketplace listing, or another appropriate channel.

2.2. By continuing to access or use ESLConnect after updated terms take effect, you agree to be bound by the updated terms. If you do not accept a change, you must stop using ESLConnect.

2.3. Changes may take effect immediately where they are required by law, are necessary for security or service operation, or are of minor importance.

3. General

3.1. If you accept these Terms on behalf of a business, employer, customer, or other organization, you represent and guarantee that you have the authority to bind that organization to these Terms.

3.2. These Terms govern your use of ESLConnect, unless a separate written agreement with Opticon applies. Such separate agreement may contain additional or different commercial, support, service, or licensing terms.

3.3. If you or your organization wants to use ESLConnect outside these terms, please contact us so we can discuss whether a separate agreement is appropriate.

3.4. For business users, your own terms and conditions are expressly rejected by us and do not apply to the agreement, unless we have accepted them in writing.

3.5. If a provision of these Terms is unlawful, invalid, or unenforceable for any reason, that provision will be separated from the other terms. The other provisions will remain in full force.

4. Your Account and Workspace

4.1. ESLConnect is primarily intended for business and professional use and is not directed to children. If you use ESLConnect on behalf of a business, employer, customer, or other organization, you must be authorized to do so.

4.2. To use ESLConnect, you must register or sign in with an account and provide the account information requested during registration or authentication, such as your full name, email address, and authentication details. You must provide accurate, complete, and up-to-date information.

4.3. By registering or using an account, you agree to use a strong password, keep your account credentials secure, not share your account with others without our permission, and remain responsible for activity through your account. You must notify us without undue delay if you suspect unauthorized use of your account.

4.4. We may refuse a registration request or restrict access where we reasonably consider this necessary for security, service integrity, legal compliance, or misuse prevention.

4.5. ESLConnect uses workspaces to let authorized users within the same organization or group manage ESLs and related settings. Users with administrative rights are responsible for managing access carefully and removing or changing access when a user no longer needs it.

4.6. Actions taken by authorized users may affect shared ESLs, settings, and connected workflows. Use care when assigning access or changing shared settings.

4.7. You may stop using ESLConnect at any time. Account deletion options and related data handling are described in our account deletion page and Privacy Policy.

5. Use of ESLConnect

5.1. ESLConnect may only be used for its intended purpose and in accordance with these Terms, applicable laws, documentation, and reasonable instructions from Opticon.

5.2. You may only claim, configure, update, or manage ESLs, servers, networks, data, and related systems that you own or are authorized to use.

5.3. You must not misuse ESLConnect. This includes unauthorized access, interfering with the service or other users, uploading unlawful or harmful content, bypassing security controls, or reverse engineering or reproducing ESLConnect except where expressly allowed by mandatory law.

5.4. We may monitor and limit usage where we reasonably believe use is excessive, abusive, unlawful, insecure, or harmful to service reliability.

6. ESLs and Connected Systems

6.1. ESLConnect is designed for use with compatible Opticon ESLs and related systems. Compatibility may depend on the ESL model, firmware, mobile device, operating system, Bluetooth availability, network settings, and any configured ESL Web Server environment.

6.2. You are responsible for the data and content you enter, upload, display, connect, or process through ESLConnect or connected systems. This includes making sure that such data is lawful, accurate, and suitable for your intended use.

6.3. Product data, templates, generated template images, product-to-ESL links, and related product/template workflow data are managed in the ESL Web Server. ESLConnect stores the workspace connection configuration needed for authorized workspace access, but does not store that ESL Web Server data in the ESLConnect backend.

6.4. Where an ESL Web Server or other connected environment is hosted or managed by you or your organization, you are responsible for that environment, unless a separate agreement states otherwise.

6.5. Information, content, or data entered by users or provided through customer-managed or third-party connected systems is provided without any representation or warranty by Opticon as to quality, accuracy, completeness, or safety, except where mandatory law provides otherwise. Before relying on information or data shown through ESLConnect or displayed on ESLs, you should verify it independently where appropriate.

7. Termination by Us

7.1. We may suspend, restrict, or stop your use of ESLConnect if you violate these Terms, fail to fulfill your obligations, use ESLConnect unlawfully or unethically, or if we reasonably suspect misuse, security risks, unauthorized access, or non-payment where payment is required.

7.2. We may update, modify, suspend, or discontinue certain ESLConnect features for business, technical, legal, security, or operational reasons. Where a change materially affects the normal use of ESLConnect with compatible Opticon ESLs, we will provide reasonable notice where possible. This does not limit any mandatory rights you may have under applicable law.

8. Pricing and Purchases

8.1. ESLConnect is currently made available free of charge. Compatible ESL hardware, related products, or additional services may be purchased separately from Opticon, an authorized reseller, a marketplace, app store, or another platform where applicable.

8.2. We may introduce, change, or remove charges, paid features, subscriptions, service offerings, or payment terms in the future. Where required, we will provide advance notice in a reasonable way.

8.3. Charges for future paid features, subscriptions, or services will apply only where they have been communicated and accepted through the relevant purchase, subscription, marketplace, app-store, or agreement process.

8.4. If you obtain ESLConnect, compatible hardware, or related products or services through a third-party marketplace, reseller, app store, or platform, that party's terms and rules may also apply, including to the purchase, payment, renewal, cancellation, delivery, withdrawal, or refund process.

8.5. If you are a consumer, nothing in these Terms limits any mandatory rights you may have under applicable consumer protection laws, including statutory rights relating to conformity, guarantees, withdrawal, cancellation, or refunds where those rights apply.

9. Third Party Products and Services

9.1. We may use products and services of third parties to provide ESLConnect, such as hosting, authentication, diagnostics, app stores, marketplaces, or infrastructure services.

9.2. Where third-party products, services, platforms, app stores, marketplaces, devices, networks, or ESL Web Server environments are involved, their own terms and conditions may apply. We cannot guarantee that third parties will continue to offer their products or services, or that their terms, availability, or functionality will remain the same.

9.3. App stores and distribution platforms, including the Apple App Store and Google Play, are not responsible for ESLConnect, support, maintenance, updates, warranties, or claims relating to ESLConnect.

10. Intellectual Property Rights

10.1. All intellectual property rights in ESLConnect and in all other material and information made available by us are vested in us or our licensors. ESLConnect may contain open source software tools, which are subject to the relevant open source license terms.

10.2. We grant you a non-exclusive, non-transferable, revocable, and non-sublicensable right to install, access, and use ESLConnect for its intended purpose, subject to these Terms and any applicable app distributor, marketplace, or platform rules. This license does not include any access, escrow, or other rights to the source code of ESLConnect or third-party products. We reserve all rights not expressly granted to you.

10.3. Some data or content that you upload, enter, display, connect, or process through ESLConnect or connected systems may be protected by intellectual property rights. You must not provide or use content that violates laws, official requirements, or third-party rights.

10.4. You or your organization remain responsible for and retain any rights you have in your own content and data. You grant us the right to use and process such content only as needed to provide, secure, support, and improve ESLConnect's functionality, reliability, performance, security, and support experience, unless otherwise agreed.

11. Privacy

11.1. We respect the privacy of our users and process personal data in accordance with applicable privacy laws, such as the General Data Protection Regulation. Please read our ESLConnect Privacy Policy for more information about the way we collect and process personal data and what rights may apply.

12. As Is and As Available

12.1. We cannot guarantee that ESLConnect will operate error-free, uninterrupted, or always be free of malware. We provide ESLConnect to you “as is” and “as available”, except where mandatory law provides otherwise.

12.2. This means, for example, that we cannot guarantee that you will always be able to use ESLConnect without problems, that ESLConnect will meet every expectation, or that every device, system, or third-party service will remain compatible or available.

12.3. We do not guarantee uninterrupted availability or that ESLConnect will always remain available.

12.4. Unless agreed otherwise, ESLConnect is provided without guaranteed maintenance, installation, or support. We may, at our own discretion, provide updates, patches, new releases, documentation, or support.

12.5. If you come across a bug in ESLConnect, please contact us via support@opticon.com.

13. Limitation of Liability

13.1. Subject to applicable laws and regulations, when you download, access, or use ESLConnect, the risk as to the use, quality, safety, and performance of ESLConnect is with you.

13.2. To the extent allowed by applicable law, we are not responsible for loss or damage caused by customer-managed systems, third-party services, incorrect configuration, unauthorized use, data entered or managed by users or customers, or inability to use ESLConnect.

13.3. To the extent allowed by applicable law, we are not liable for indirect, incidental, special, or consequential damages, or for loss of profits, business, goodwill, or data arising out of or in connection with ESLConnect.

13.4. To the extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to ESLConnect is limited to the fees paid to us specifically for ESLConnect during the 12 months preceding the event giving rise to the claim. If no fees were paid to us specifically for ESLConnect, our total aggregate liability is limited to EUR 100.

13.5. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is not permitted under applicable law, including liability for intent or deliberate recklessness and mandatory statutory rights that cannot be excluded.

13.6. If you use ESLConnect as a consumer, nothing in these Terms limits any mandatory consumer protection rights that cannot be excluded or limited under applicable law.

13.7. To the extent permitted by applicable law, any claim against us must be brought within 12 months after the event giving rise to the claim became known or reasonably should have become known, unless mandatory law provides otherwise.

14. Complaints

14.1. We value your opinion. If you are not satisfied with ESLConnect, please submit your complaint without undue delay by contacting our support team.

14.2. We will respond to a question or complaint within 5 calendar days where reasonably possible.

15. Applicable Law and Jurisdiction

15.1. These Terms, your use of ESLConnect, any disputes arising from or in connection with them, and all agreements between you and us shall be governed by and construed in accordance with the laws of the Netherlands, unless mandatory law gives you rights that cannot be changed by contract.

15.2. Subject to mandatory law, any dispute arising out of or in connection with these Terms, your use of ESLConnect, and any applicable agreement shall be resolved by the competent court in Noord-Holland, the Netherlands.