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VIASERVA · Protect the path.

Terms of Service

Business terms governing deployment and use of the VIASERVA Service.

Effective date: [PUBLICATION DATE]

Last updated: [PUBLICATION DATE]

01Agreement and business use

Who these Terms apply to

These Terms of Service (the Terms) govern business access to and use of the VIASERVA website, software, on-site physical node, cloud processing service, review functionality, support, maintenance, and related services (together, the Service).

The Service is operated by [VIASERVA LEGAL ENTITY NAME], [REGISTERED OFFICE], Ireland, company number [COMPANY NUMBER] (VIASERVA, we, us, our).

The Service is supplied for business use only. It is not offered to consumers for personal, family, or household use. Anyone accepting an Order Form or these Terms on behalf of a business confirms that they are at least 18 years old and have authority to bind that business.

02Contract documents

How the customer contract is formed

A customer contract is formed when an authorised representative signs or electronically accepts a VIASERVA quotation, order form, or other commercial document that incorporates these Terms.

The Order Form records customer-specific details such as the customer entity, store location, contracted camera count, monthly fee, physical-node charge, deployment and setup charges, Service Activation Date, billing date, and any agreed variations.

If contract documents conflict, the following order of precedence applies to the relevant issue:

  • Order Form or signed quotation for customer-specific commercial terms.
  • Data Processing Agreement for processing of personal data and processor obligations.
  • These Terms for the general Service relationship.
  • Privacy Policy as VIASERVA's public explanation of its data practices.

03The Service

What VIASERVA provides

VIASERVA provides privacy-first retail loss-prevention technology that uses machine learning together with movement, timing, and physics-based analysis to follow product journeys across selected existing CCTV feeds and surface potential loss events for human review.

VIASERVA works alongside the customer's existing CCTV system. Selected feeds are copied or forwarded from the customer's CCTV environment to an on-site VIASERVA node and then securely processed using VIASERVA's EU-based cloud infrastructure. Relevant review clips are returned to the local node for authorised management review.

VIASERVA does not operate, replace, disable, or take ownership of the customer's cameras or underlying CCTV system.

The Service is actively developing. VIASERVA may introduce frequent reliability improvements, tracking improvements, model updates, interface changes, and other improvements while continuing to provide the core contracted Service.

04Accounts and authorised access

Who may use VIASERVA

The customer must restrict VIASERVA review functionality to authorised personnel with a genuine operational need, normally authorised store management or equivalent personnel designated by the customer.

  • The customer is responsible for managing its authorised users and account credentials.
  • Credentials must not be shared casually or made available to unauthorised staff.
  • Access should be removed when a person no longer requires it or leaves the relevant role.
  • The customer must notify VIASERVA promptly if credentials, node access, or account access may have been compromised.

The customer remains responsible for activity carried out through its authorised accounts, except to the extent caused by VIASERVA's own breach or security failure.

05Minimum term, renewal and cancellation

How long the contract runs

Service Activation Date. The Service Activation Date is the date VIASERVA confirms that the contracted deployment has been installed, connected, and made available for normal use. If activation is delayed solely because the customer has not provided something reasonably required from its side, VIASERVA may set the Activation Date once VIASERVA has completed the work reasonably required from it.

Initial minimum term. Unless the Order Form expressly states otherwise, the customer commits to an initial minimum Service term of three months beginning on the Service Activation Date.

Monthly renewal. After the initial minimum term, the Service automatically continues on a rolling monthly basis and is billed monthly in advance.

Cancellation notice. After the minimum term, cancellation must be given at least 14 days before the next monthly renewal date. If notice is received less than 14 days before renewal, the upcoming renewal will proceed and cancellation will take effect on the following renewal date.

Notice may be submitted during the initial minimum term, but customer termination will not take effect before the minimum term ends unless VIASERVA agrees otherwise in writing. There is no automatic pro-rata refund where a customer chooses to stop using the Service partway through a prepaid billing month.

No automatic pause. The Service is either active under contract or terminated under these Terms. Temporary closure or non-use by the customer does not automatically pause billing.

06Fees, billing and payment

Predetermined monthly pricing

VIASERVA pricing is fixed and predetermined in the applicable Order Form. Unless expressly stated otherwise, ongoing Service fees are billed monthly in advance and are due on each monthly renewal date.

The agreed monthly Service fee does not fluctuate solely because cloud processing volume changes. If deployment scope changes, including a camera-count change, the revised price must be agreed before the changed scope takes effect.

Physical-node charges, setup, installation, shipping, reconfiguration, replacement, or other one-off charges are stated separately in the Order Form, quotation, or invoice.

VAT. Prices are exclusive of VAT and other applicable taxes unless the relevant quotation or Order Form expressly states otherwise. VIASERVA may add taxes it is legally required to charge.

Invoice disputes. A customer should raise a billing dispute with finance@viaserva.com within 14 days of the invoice date, or within a reasonable period where the issue could not reasonably have been identified within those 14 days. The customer must continue to pay all undisputed amounts on time. If VIASERVA made a billing error, VIASERVA will correct it and apply the appropriate credit or refund.

Late or failed payment

If a recurring payment is not received when due, VIASERVA provides a two-day grace period. We understand that payment methods and business accounts can occasionally fail.

If payment remains outstanding after the grace period, VIASERVA may, after notice, suspend cloud processing and access to the VIASERVA Service. Suspension of VIASERVA does not disable or interfere with the customer's underlying CCTV cameras or CCTV system.

Suspension does not cancel or waive amounts already due. Continued refusal or failure to pay is a material breach. VIASERVA may terminate the Service, pursue unpaid amounts contractually due, including amounts due under an unexpired minimum term where applicable, require return of VIASERVA-owned equipment, and recover lawful late-payment interest, statutory recovery charges, and reasonable recovery costs where permitted by law.

07Camera scope and deployment changes

The contracted camera count

The number of monitored cameras is part of the contracted deployment scope and is stated in the Order Form.

Initial three months. During the initial minimum term, the contracted camera count and related monthly price are fixed. The customer may not reduce the contracted camera count or monthly fee during that period.

After the initial term. Requests to add or remove monitored cameras should be made at least 14 days before the next monthly renewal. VIASERVA will review the revised deployment, determine the updated fixed monthly price, identify any one-off reconfiguration or installation cost, and confirm the revised scope before it takes effect. The revised camera count and price normally begin from the next renewal date.

Mandatory functional coverage. Checkout or till coverage and exit coverage are required for the core product-journey workflow. Those feeds cannot be removed while the Service remains active. VIASERVA may identify additional feeds that are technically necessary for a particular store layout and may refuse a requested removal where it would prevent or materially impair the contracted Service.

No customer-selected camera reduction creates an automatic mid-cycle refund.

08Installation and site requirements

What the customer must provide

The customer must provide reasonable access to the premises, existing CCTV environment, selected camera feeds, ordinary continuous power, sufficient network connectivity, and an authorised contact where needed to install, operate, diagnose, or restore the Service.

The customer is responsible for maintaining its own cameras, CCTV equipment, power, network, and other third-party infrastructure needed by the deployment. VIASERVA is not responsible for interruptions or degraded performance caused by equipment, connectivity, power, configuration, or systems outside VIASERVA's reasonable control.

If an agreed installation cannot be completed because the customer has not provided requested access, required site readiness, or an authorised contact, VIASERVA may reschedule the work and charge reasonable additional travel, shipping, technician, or setup costs actually caused by the failed appointment. If the failed installation is VIASERVA's responsibility, VIASERVA will absorb the reasonable direct costs caused by that failure.

Setup, installation, configuration, shipping, and deployment fees are non-refundable once the relevant work or cost has actually been incurred, except where VIASERVA is responsible for the failure or the Order Form expressly provides otherwise.

09VIASERVA physical node

Ownership, care, refund and handover

Ownership while Service is active. The VIASERVA physical node remains the property of VIASERVA for as long as the VIASERVA Service remains active at that deployment. Payment of a node charge does not transfer ownership while the Service is active.

The customer must not open, modify, rewire, relocate, disconnect, repurpose, tamper with, or otherwise interfere with the node without VIASERVA's prior written agreement, except where immediate action is reasonably necessary for safety or where VIASERVA instructs the customer to do so.

Three-month physical-node refund

The three-month refund applies only to the physical-node charge. It does not automatically refund Service fees, setup, installation, shipping, or deployment charges.

The refund period begins on the Service Activation Date. Where customer termination is validly arranged so that the node is returned within the applicable three-month refund arrangement, the customer must make the node available for return in reasonable condition. If the customer is ending the Service by choice, the customer pays the reasonable return cost. Where VIASERVA is responsible for the underlying node failure, VIASERVA covers the reasonable direct return and remedy costs.

Approved physical-node refunds are issued within 14 days after the node has been returned and inspected. VIASERVA may hold the refund while reasonably investigating apparent damage, tampering, loss, or misuse.

Damage, loss, theft and replacement

Where a node is reported as damaged, faulty, lost, stolen, or unable to operate, VIASERVA may inspect available diagnostics and, where appropriate, the physical condition of the node. VIASERVA reserves the right to make the final determination, for purposes of allocating responsibility under these Terms, as to whether the issue arose from normal hardware or Service failure, a matter within VIASERVA's responsibility, or circumstances outside VIASERVA's responsibility. VIASERVA will make that determination reasonably and in good faith based on the available technical and physical evidence.

Where VIASERVA determines that a fault arose from normal hardware failure, VIASERVA software, or another matter within VIASERVA's reasonable responsibility, VIASERVA will cover the reasonable direct costs required to remedy it, including applicable return, replacement, delivery, reconfiguration, and reinstallation costs.

Where VIASERVA determines that a node was lost, stolen, physically damaged, tampered with, modified, mishandled, or rendered unusable due to circumstances outside VIASERVA's responsibility, the customer is responsible for the reasonable replacement cost and any necessary reconfiguration, shipping, reinstallation, or setup.

The customer's obligation is not affected by whether the customer may recover that cost from an employee, contractor, insurer, visitor, customer, or other third party. How the retailer allocates that cost internally is the retailer's responsibility.

If the customer fails or refuses to arrange or pay a required replacement, that failure is a material breach. VIASERVA may suspend or terminate the affected Service and pursue the replacement charges and other contractually due amounts. Because the Service depends on an operational node, VIASERVA cannot be required to continue processing where the required node is not available.

Normal decommissioning after the first three months

Where the Service ends normally after the initial three-month period, the account is fully paid, and the customer is not in material breach, VIASERVA will ordinarily remotely decommission the node. VIASERVA may remove or disable VIASERVA software, credentials, models, configuration, and other proprietary components, disconnect the device from VIASERVA infrastructure, and reset it for ordinary general-purpose computer use where technically practicable.

Once VIASERVA confirms that decommissioning is complete, title to the remaining physical computer hardware transfers to the customer. The transferred hardware is provided in its then-current condition and VIASERVA does not warrant its suitability for any particular future third-party use or operating system.

This handover does not apply where termination results from unresolved non-payment, unpaid replacement charges, serious misuse, or another material breach. In those circumstances VIASERVA may require the node to be returned or made available for collection and may take lawful steps to recover possession if it is not returned.

Optional node-retention arrangement

VIASERVA does not offer an automatic right to pause an active Service subscription. Where a customer ends the Service but expects to resume later, VIASERVA may, at its discretion, agree to leave the VIASERVA-owned node installed for a separate predetermined monthly node-retention or rental fee stated in writing.

During that arrangement, VIASERVA cloud processing and Service functionality are disabled, the customer's underlying CCTV remains independent, and the node remains VIASERVA property. The arrangement can allow the same node to be reactivated later and may avoid a new-node or full reinstallation charge. If the retention fee is not paid, VIASERVA may end the arrangement and require return of the node.

A node-retention arrangement does not reduce amounts already due under the initial minimum term and does not trigger ownership transfer to the customer.

10Availability, maintenance and updates

Designed for continuous operation

VIASERVA is designed and operated to provide continuous 24/7 Service. VIASERVA will use reasonable efforts to maintain consistent availability and restore interruptions promptly. No fixed uptime percentage, service-credit SLA, or guaranteed human response time applies unless expressly agreed in an Order Form or separate SLA.

Availability may occasionally be affected by planned maintenance, software or security updates, emergency maintenance, infrastructure faults, internet or power failures, third-party disruption, or other circumstances outside VIASERVA's reasonable control.

Where planned maintenance or an update is expected to materially interrupt Service, VIASERVA will aim to provide reasonable advance notice and coordinate a suitable maintenance window with authorised customer management. VIASERVA may carry out urgent maintenance sooner where reasonably necessary to protect security, stability, or operation, with notice where practicable.

VIASERVA may deploy software updates, patches, security fixes, tracking improvements, model improvements, and other changes needed to maintain or improve the Service. Routine updates do not require a new contract.

Brief or ordinary interruptions do not automatically create a refund or service credit. Where VIASERVA is responsible for a material and prolonged interruption, VIASERVA may provide a reasonable pro-rata service credit or other appropriate remedy. If VIASERVA is unable to substantially provide the contracted Service, the customer may terminate without being charged for future Service that VIASERVA cannot deliver, and unused prepaid Service fees will be refunded or credited as appropriate. Where that termination occurs during the initial three-month physical-node refund period because of a failure for which VIASERVA is responsible, VIASERVA will also refund the physical-node charge after the node is returned or otherwise handled as VIASERVA directs and will cover the reasonable direct return costs.

11Customer responsibilities

The retailer remains responsible for its premises

The customer is responsible for:

  • lawful operation of its CCTV system and the selected camera feeds supplied to VIASERVA;
  • determining and documenting the lawful basis for its CCTV processing;
  • providing any required privacy notices, CCTV signage, staff procedures, and transparency information;
  • carrying out any Data Protection Impact Assessment required for its processing;
  • restricting access to retained clips and VIASERVA review functionality to authorised personnel;
  • maintaining its own cameras, CCTV equipment, power, network, and other third-party infrastructure;
  • the accuracy of information it gives VIASERVA;
  • all decisions and actions taken by the customer or its personnel after reviewing a VIASERVA output.

VIASERVA is not the customer's outsourced legal or compliance department and does not select the customer's CCTV lawful basis on its behalf. VIASERVA remains responsible for obligations that apply directly to VIASERVA as processor or Service provider.

12Acceptable use and privacy boundary

VIASERVA is not a person-surveillance system

The customer must not:

  • use or attempt to use the Service to identify, profile, persistently track, or biometrically analyse a natural person;
  • use the Service for facial recognition, person identification, demographic classification, gait recognition, emotion inference, person watchlists, repeat-customer tracking, persistent human profiles, or suspicious-person scoring;
  • attempt to circumvent the product-focused design or modify the Service to create person-surveillance outputs;
  • use the Service as an automated determination that a person committed theft or wrongdoing;
  • use the Service for unlawful surveillance, harassment, discrimination, or other unlawful activity;
  • reverse engineer, decompile, disassemble, copy, extract, or attempt to obtain VIASERVA models, credentials, proprietary configuration, or source code except to the extent a restriction is prohibited by applicable law;
  • resell, sublicense, white-label, or use the Service to provide a competing product without VIASERVA's written permission;
  • interfere with the Service, node, cloud infrastructure, or another customer's use of VIASERVA.

VIASERVA may suspend or terminate access where it reasonably believes the customer is attempting to use the Service outside this privacy and product boundary.

13Human review and retailer decisions

VIASERVA does not decide that theft occurred

VIASERVA surfaces potential loss events for human review. Product journeys and event outputs are analytical results and may be affected by occlusion, blind spots, camera position, visually similar products, lighting, network interruption, restocking, crowds, hardware faults, or other real-world conditions.

VIASERVA does not determine that any person committed theft, dishonesty, or wrongdoing. The retailer is solely responsible for deciding what action, if any, follows management review.

Any decision to approach, question, search, detain, refuse service to, discipline, report, accuse, or otherwise act against an individual is made solely by the retailer and its personnel. This includes decisions involving customers, employees, contractors, Gardaí, insurers, solicitors, courts, or other authorities.

VIASERVA does not direct or authorise those actions and is not responsible for the retailer's conduct following review, except to the extent a claim results directly from VIASERVA's own breach or from liability that cannot lawfully be excluded.

14Review clips and evidence

Keep or Discard

After management reviews a potential loss event, the customer can choose to Keep or Discard the VIASERVA review clip.

A kept clip remains on the local VIASERVA node under the retailer's control. The retailer is responsible for deciding how long to keep it, who may access it, whether to disclose it to Gardaí, insurers, legal advisers, courts, or others, and when to delete it.

A discarded VIASERVA review clip is permanently deleted from the local VIASERVA node and VIASERVA does not keep a recoverable cloud copy. This does not delete footage independently retained by the retailer's original CCTV system.

Before normal decommissioning, VIASERVA will give the customer reasonable notice to export any locally retained clips or customer-controlled records it wishes to preserve. After the decommissioning date, VIASERVA may securely erase customer data remaining on the node as part of the reset and is not responsible for clips the customer chose not to export after reasonable notice.

15Privacy and data protection

Controller and processor roles

The retailer is generally the data controller for CCTV captured within its premises. VIASERVA acts as data processor when it processes that CCTV on the retailer's behalf.

A Data Processing Agreement applies from deployment wherever VIASERVA processes customer personal data as processor. VIASERVA processes that data only on documented lawful instructions and subject to its own obligations under applicable data-protection law.

The customer is responsible for its controller obligations, including lawful basis, transparency, notices, signage, access decisions, retention decisions, and any required Data Protection Impact Assessment. VIASERVA's Privacy Policy explains VIASERVA's data-handling practices in more detail.

16Intellectual property and confidentiality

Their data. Our technology.

The customer retains ownership of its source CCTV footage, retained review clips, and its own business information.

VIASERVA and its licensors retain all rights in the Service, including software, models, algorithms, tracking systems, cloud systems, node software, documentation, deployment configurations, proprietary methods, and improvements. Paying for the Service or physical node does not transfer ownership of VIASERVA software, models, credentials, or proprietary components.

VIASERVA may retain and use properly anonymised performance information to improve and train VIASERVA's own systems. The customer does not acquire ownership of resulting aggregate datasets, model improvements, or learned system behaviour merely because its deployment contributed anonymised performance measurements.

If the customer gives feedback, suggestions, or ideas about the Service, VIASERVA may use that feedback without restriction or payment, provided this does not transfer ownership of the customer's confidential information to VIASERVA.

Mutual confidentiality

Each party must protect the other party's non-public confidential information and use it only as reasonably necessary for the relationship. Confidential information includes business, commercial, security, technical, pricing, deployment, and operational information that is confidential by nature or is identified as confidential.

VIASERVA confidential information includes non-public software, models, system design, node configuration, documentation, technical information, and pricing. Customer confidential information includes non-public business, deployment, commercial, and operational information.

Confidential information may be disclosed to personnel, contractors, professional advisers, and service providers who genuinely need it and are subject to appropriate confidentiality obligations, or where disclosure is required by law. Information that is already public through no breach, independently developed, or lawfully obtained from another source is not confidential under this clause.

These confidentiality obligations survive termination.

17Locations, transfers and relocation

Each store is a deployment

Each additional store location is treated as a separate deployment with its own node, camera scope, pricing, and Service Activation Date, even where multiple locations sit under the same customer account or master agreement.

The customer must not relocate an active VIASERVA node or deployment to another premises without VIASERVA's prior written approval. A move may require a site review, deployment redesign, reconfiguration, shipping, installation, or revised pricing. Any one-off costs will be quoted before the change is carried out.

Unauthorised relocation or reconnection that causes damage or failure is outside VIASERVA's responsibility and may fall under the node-damage provisions above.

18Support and future features

Support without a fixed response SLA

VIASERVA provides support through its normal support channels and prioritises serious Service-impacting issues. Human support is not guaranteed to be staffed 24/7 and no specific support response time applies unless expressly agreed in an Order Form or SLA.

Improvements to existing contracted functionality, such as tracking, reliability, security, or interface improvements, may be delivered as part of maintaining the Service.

New modules, integrations, advanced retail-monitoring capabilities, or other genuinely new features may be optional, separately priced, or subject to additional terms. A roadmap, demonstration, discussion, or future plan is not a contractual commitment unless the relevant functionality is expressly included in the Order Form or another signed agreement.

19Suspension and termination

When Service can be suspended or ended

VIASERVA may suspend or terminate the Service where reasonably necessary because of material breach, unresolved non-payment, unpaid node-replacement charges, unlawful use, misuse of the privacy boundary, serious security risk, failure to provide an operational required node, or where required by law or a regulator.

Where practicable, VIASERVA will give notice and a reasonable opportunity to resolve a remediable breach before termination. Immediate or shorter action may be taken where reasonably necessary for security, illegality, serious misuse, or other urgent risk.

Termination by VIASERVA without customer fault. VIASERVA may terminate an active customer for convenience by giving at least 30 days' notice. The customer will only be charged through the termination date and unused prepaid Service fees after that date will be refunded or credited. If VIASERVA ends the relationship for convenience during the initial three-month period, VIASERVA will also refund the physical-node charge once the node has been returned or otherwise handled as VIASERVA directs, subject to any damage outside VIASERVA's responsibility.

Material breach. Where termination results from unresolved non-payment, unpaid replacement charges, serious misuse, or another material customer breach, the customer is not entitled to the physical-node refund or the normal decommissioned-PC handover. VIASERVA may pursue all amounts contractually due and require the node to be returned or made available for lawful collection.

On termination, the customer's licence to use VIASERVA software ends. Terms that by their nature should survive termination continue, including payment obligations already accrued, intellectual property, confidentiality, data-protection obligations, disclaimers, liability limitations, indemnities, and dispute provisions.

20Service limitations

What VIASERVA does not guarantee

To the maximum extent permitted by law and subject to any express commitment in an Order Form, VIASERVA does not guarantee:

  • perfect or uninterrupted operation;
  • that every product movement or product journey will be detected or reconstructed correctly;
  • that every potential loss event will be surfaced or that every surfaced event will be a genuine loss event;
  • any particular theft reduction, loss reduction, savings, recovery rate, detection rate, product-tracking accuracy, return on investment, or business outcome;
  • that real-world camera coverage, lighting, occlusion, blind spots, network conditions, restocking, crowds, or other conditions will not affect performance.

The Service is a decision-support and review tool. It is not a guarantee of theft prevention and it does not replace human judgement.

21Liability and indemnity

Allocation of commercial risk

To the maximum extent permitted by applicable law, VIASERVA is not liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or business interruption arising from use of or inability to use the Service.

VIASERVA is not liable for retailer decisions or actions taken after review of a VIASERVA output, including customer or staff intervention, search, detention, refusal of service, disciplinary action, reporting, accusation, or disclosure, except to the extent directly caused by VIASERVA's own breach or liability that cannot lawfully be excluded.

Aggregate liability cap. To the maximum extent permitted by law, VIASERVA's total aggregate liability arising out of or relating to the Service, these Terms, and the applicable Order Form will not exceed the Service fees actually paid by that customer to VIASERVA during the 12 months immediately preceding the event giving rise to the claim.

The liability cap does not limit amounts the customer owes VIASERVA, including unpaid Service fees, node replacement charges, setup or reinstallation charges, taxes, recovery costs, or other contractually due amounts.

Nothing in these Terms excludes or limits liability to the extent that applicable law does not permit that liability to be excluded or limited.

Customer indemnity

To the extent permitted by law, the customer will indemnify and hold VIASERVA harmless from third-party claims, losses, liabilities, and reasonable legal costs arising from the customer's unlawful use of CCTV or the Service, breach of these Terms, breach of applicable law or third-party rights, or decisions and conduct by the customer or its personnel following review of a VIASERVA output, except to the extent the claim results directly from VIASERVA's own breach or non-excludable liability.

22Price and Terms changes

Advance notice for material changes

Recurring price changes. VIASERVA will provide at least 30 days' advance notice before a recurring price increase takes effect. Price increases do not apply retroactively.

Changes to these Terms. VIASERVA may update these Terms from time to time. Where a material change affects an active customer's rights, obligations, pricing structure, or use of the Service, VIASERVA will provide at least 30 days' notice before the change takes effect unless a shorter period is reasonably required by law, security, or an urgent technical requirement.

Routine wording corrections or changes that do not materially affect the customer do not require 30 days' notice. Updated Terms will not retroactively change charges already incurred or rewrite an existing minimum commitment.

If a material future change is not acceptable to the customer, the customer may give cancellation notice before the change takes effect, subject to amounts already due and any minimum commitment already agreed.

23Publicity and branding

Customer names are not marketing permission

VIASERVA will not use the customer's name, logo, store imagery, testimonial, deployment details, or results in marketing, case studies, press releases, or other public materials without the customer's prior permission.

The customer may not use VIASERVA branding in a way that falsely implies endorsement, partnership, certification, or a claim that VIASERVA has not approved.

24Business sale, assignment and store transfer

The Service does not transfer automatically

The customer may not assign or transfer the contract, active Service, or VIASERVA-owned node to another business or store owner without VIASERVA's prior written approval.

If a store or business is sold, VIASERVA may approve a transfer where the existing account is in good standing, the new owner is accepted as a customer, the new owner agrees to the applicable Order Form, Terms, and Data Processing Agreement, and any necessary account, billing, deployment, or reconfiguration work is completed.

VIASERVA may assign these Terms and the related customer contract to a successor in connection with a merger, acquisition, restructuring, or sale of substantially all of the relevant business, subject to applicable law.

25Events outside reasonable control

Force majeure

Neither party is liable for failure or delay in performing an obligation to the extent caused by events genuinely outside its reasonable control, including major utility or network failures, natural disasters, war, civil disturbance, government action, widespread cloud or telecommunications failure, or similar events.

This clause does not excuse payment obligations that became due before the relevant event and does not prevent either party from exercising termination rights where the Service can no longer substantially be provided.

26Notices, law and general terms

The legal framework

  • Formal notices. Contractual notices, termination notices, breach notices, and legal correspondence to VIASERVA should be sent to legal@viaserva.com. VIASERVA may send notices to the authorised management or contractual email address supplied by the customer.
  • Finance. Billing and invoice disputes should be sent to finance@viaserva.com.
  • Security. Security issues should be sent to security@viaserva.com.
  • Privacy. Privacy requests relating to data controlled directly by VIASERVA should be sent to privacy@viaserva.com.
  • Governing law. These Terms and the customer contract are governed by the laws of Ireland.
  • Jurisdiction. The courts of Ireland have exclusive jurisdiction over disputes arising from these Terms or the Service, except where applicable law requires otherwise or a party seeks urgent protective relief from another competent court.
  • Entire agreement. The contract documents identified in section 2 form the entire agreement concerning the Service and supersede prior discussions or representations on the same subject, except for fraud or another matter that cannot lawfully be excluded.
  • Severability. If a provision is held unenforceable, the remaining provisions continue in effect and the invalid provision will be interpreted as closely as lawfully possible to its intended commercial purpose.
  • No waiver. A delay or failure to enforce a right does not waive that right.
  • Third-party rights. These Terms do not create rights for third parties except where expressly stated or required by law.

Questions about these Terms can be sent to legal@viaserva.com or by post to [REGISTERED OFFICE], Ireland.

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