GazeShare Terms of Sale

The Terms of Sale covers the following:

  • GazeShare Subscription Terms of Sale
  • Tobii Eye Tracker 4C – GazeShare Edition – Terms of Sale

I. GazeShare Subscription Terms of Sale

1. General terms

By placing an order for a subscription to GazeShare (the “Service”) from the GazeShare website (the “Store”), you agree to the terms and conditions (“the Terms”) set out below along with our Privacy Policy. The purchase and use of the Service is also subject to terms of use, which you agree to when placing an order with us. 

 The GazeShare Service is not available to purchase in countries where legal restrictions and embargos prevent us from shipping the eye tracking hardware. It is also not available in countries where a government firewall prevents us customers from accessing the service from our servers.

 Should you have an inquiry as to whether or not we sell to a specific location, please contact our customer service via our chat messaging tool located on help.gazeshare.com

2. GazeShare Service

2.1 Conditions that apply to the Service plans

Month-to-month contracts - Worldwide

Service begins as soon as your initial payment is processed. Your subscription will continue without renewal notice until you cancel. If you cancel within the one month period of your initial order, you’ll be fully refunded. The one month period is defined by the number of days of the current month in which you start your subscription. Should you cancel after the one month trial period, your payment is non-refundable and your service will continue until the end of that month’s billing period. Cancellations can be made any time by visiting your Subscriptions page or by contacting Customer support via our chat tool on help.gazeshare.com.

Annual contract, prepaid – EU Only

Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. If you cancel within 14 days of your initial order, you’ll be fully refunded for the cost charged for the Service. However, if you received a free Tobii Eye Tracker 4C as part of your Annual contract, you will be invoiced and responsible to pay the full value of the eye tracker upon cancellation. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Subscriptions page or by contacting Customer support via our chat tool on help.gazeshare.com.

If paying by invoice, Invoices are due within 30 days of the date of invoice. The invoice is dated to when the order confirmation email is sent.  By placing an order, you agree to the payment terms of the invoice. 

Annual contract, prepaid – Outside of EU

Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. Cancellations can be made any time by visiting your Subscriptions page or by contacting Customer support via our chat tool on help.gazeshare.com.

If paying by invoice, Invoices are due within 30 days of the date of invoice. The invoice is dated to when the order confirmation email is sent.  By placing an order, you agree to the payment terms of the invoice. 

Individual Service Plan

The Individual Service Plan is intended to be used by a single logged in user with a single Tobii eye tracker hardware.

The Individual Service Plan is limited to the following on the customer account:

  • One logged in user account tied to a single email address that is intended to be logged into only one room simultaneously
  • One eye tracker tied to a unique hardware serial number

The Service will track customer usage of the number of rooms the logged in user accesses simultaneously as well as the number of unique eye trackers associated to the Customer Account.

The Individual Plan is not intended to be used for multiple individuals simultaneously, nor is it intended to be used to run a panel of eye trackers. For needs that exceed the Individual Plan, Customer support via our chat tool on help.gazeshare.com.

If we find that you are using the Individual plan repeatedly in a way that exceeds the plan limitations as stated above, we will contact you and ask you to upgrade to a more suitable plan that allows the number of simultaneous users and eye trackers that you require. We reserve the right to cancel a subscription to the service if we find the customer repeatedly violates the Individual Plan’s usage restrictions.

We reserve the right to change the features included in the Individual Plan, the price of the Individual Plan and the structure of the Individual Plan at any time. You can find the most up to date overview of the plan features at gazeshare.com/pricing. We will notify all paying users of any such changes in advance.

Team Service Plan

The Team Service Plan is intended to be used by a team of up to 5 logged in users.

The Team Service Plan is limited to the following on the customer account:

  • Up to 5 logged in user accounts where each log in is intended to be logged into only one room simultaneously
  • Up to 5 eye trackers, where is eye tracker is defined as a unique hardware serial number.

The Service will track customer usage of the number of rooms each logged in user accesses simultaneously as well as the number of unique eye trackers associated to the Customer Account.

The Team Plan is not intended to be used for more than 5 users, nor is it intended to be used to run a panel of eye trackers. For needs that exceed the Team Plan, Customer support via our chat tool on help.gazeshare.com.

If we find that you are using the Team plan repeatedly in a way that exceeds the plan limitations as stated above, we will contact you and ask you to upgrade to a more suitable plan that allows the number of simultaneous users and eye trackers that you require. We reserve the right to cancel a subscription to the service if we find the customer repeatedly violates the Team Plan’s usage restrictions as stated above.

We reserve the right to change the features included in the Team Plan, the price of the Team Plan and the structure of the Team Plan at any time. You can find the most up to date overview of the plan features at gazeshare.com/pricing. We will notify all paying users of any such changes in advance.

II. Tobii Eye Tracker 4C – GazeShare Edition - Terms of Sale

Summary

For your convenience, these are what we consider to be the highlights of the Terms:

  • You can use the Product with the GazeShare application, for development purposes or for your private, non-commercial use only. Do not resell, repackage or redistribute it.
  • The Tobii Eye Tracker 4C - GazeShare Edition can only be used for analytical purposes in conjunction with a valid GazeShare application license. If you want to open up the hardware for use with other Tobii Pro analytical software in order to use eye tracking to study human behavior, please contact Tobii Pro: www.tobiipro.com.
  • If you want to develop software for analytical purposes, post processing or aggregation of eye tracking data across multiple users, please check our SDK guide at developer.tobii.com/tobii-sdk-guide/ or contact Tobii’s licensing team.
  • We ship to anywhere in the world except where legal restrictions and embargos prevent us.
  • For Customers outside of the EU – Please note: VAT, sales tax, import duties and/or other official charges associated with importing the Products will apply for customers outside of the EU, and these charges are not included in the item price or shipping cost. These charges are your responsibility, and you may need to pay such charges in order to have the Product released to you. Please check with your country’s customs office to determine what these additional costs will be prior buying.
  • The Device has a 12-month warranty.
  • Additional terms apply for the Tobii Core SDK, Tobii Gaming SDK and Tobii Pro SDK and the development, use and/or distribution of applications that use any API of these SDKs. Check the respective license agreements, available on the Developer Zone.
  • If you have purchased the eye tracker (and did not receive it free of charge as part of an Annual Service plan) then you have full money-back guarantee valid for 30 days after we ship the Product to you. Please see our 30-day return policy for terms.
  • Swedish VAT (25%) is charged on all orders within the EU unless you provide us with a valid EU VAT number.
  • You are instructed to read the Terms below before placing any order and by placing an order, you confirm that you accept these Terms which then become a binding agreement between you and Tobii AB (publ).

 

Terms and Conditions

1. General terms

By placing an order for the Tobii Eye Tracker 4C – GazeShare Edition (the “Product”), including hardware (the “Device”) and the eye tracker controller software (the “Software”), from the GazeShare website (the “Store”), you agree to the terms and conditions (“the Terms”) set out below along with our Privacy Policy. The purchase and use of the Product is also subject to the End-User Software License Agreement, which you agree to when placing an order with us. Please note that when downloading additional software from Tobii (such as the Tobii Core SDK, Tobii Gaming SDK or Tobii Pro SDK), additional terms apply. You must be at least 18 years old to place an order at the Store. We ship to anywhere in the world except where legal restrictions and embargos prevent us. Should you have an inquiry as to whether or not we ship to a specific location, please contact our customer service at help.gazeshare.com.

2. Right of use

You are allowed to use the Product solely: (i) in conjunction with a valid GazeShare application license (ii) to develop, demonstrate and evaluate the use of eye tracking for gaze interaction; and/or (iii) for private, non-commercial recreational use. Aside from use together with a valid GazeShare application license, the Product is not intended for and you must not (without additional licenses) use the Product for any other commercial or personal purposes, such as for example the study of human behavior or other forms of analytical use, any medical use or for any high risk use, including but not limited to, medical, military, avionics, power generation, industrial or commercial equipment. Please contact our licensing team if you are interested in obtaining an additional license for any such use at SDKlicensing@tobii.com.

You may not import or export, directly or indirectly, the Product in violation of any applicable export and import laws or use it for any purpose prohibited by such laws.

The Store sells Products to end-user customers only. You may not purchase Products at the Store for resale, and we reserve the right to refuse or cancel your order if we have reasonable grounds to believe that the Product is not being purchased by you for end use or in violation with any laws or our licensing terms.

Further, you may not distribute, sell, assign, sublicense, lease, loan, rent, deliver or otherwise transfer the Software or any copies thereof except as expressly allowed in the End-User Software License Agreement.

You shall not disassemble, decompile, or otherwise attempt to derive source code, techniques, processes, algorithms, know-how or other information or in any other way reverse engineer any parts of the Product by any means or take any other steps in order to derive design information regarding the Product, nor permit, induce or assist any of the foregoing, except to the extent such prohibition cannot be enforced under mandatory applicable law, and in such case subject to that you shall provide Tobii with detailed information regarding any such activity.

3. Software

The eye tracker controlling software that is provided is subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms.

Tobii reserves the right to distribute any Software via download from the Store or any other service chosen by Tobii. This may require you to install specific update software.

4. Prices in Store are exclusive of VAT, sales taxes, import duties and shipping costs

We ship Products to many parts of the world, the prices listed in the Store are exclusive of VAT and shipping costs in the EU, and exclusive of any customs .

For Customers outside of the EU – Please note: VAT, sales tax, import duties and/or other official charges associated with importing the Products will apply for customers outside of the EU, and these charges are not included in the item price or shipping cost. These charges are your responsibility, and you may need to pay such charges in order to have the Product released to you. Please check with your country’s customs office to determine what these additional costs will be prior buying.

Swedish VAT (25%) is charged to all customers within the EU, except for the UK where UK VAT (20%) is charged. The taxes will be added on top of the stated product price, unless you provide us with a valid EU VAT number before the purchase.

You are responsible for any sales taxes and import duties outside the EU. Prices in the Store are exclusive of any such taxes and duties.

For customers outside the EU, VAT, sales tax, import duties and/or other official charges associated with importing the Products will apply for customers outside of the EU, and these charges are not included in the item price or shipping cost. These charges are your responsibility, and you may need to pay such charges in order to have the Product released to you. Please check with your country’s customs office to determine what these additional costs will be prior buying.  

By placing the order, you agree to pay any VAT, sales tax, duty, import charge and/or other official charges associated with importing the Product, which are levied once your package reaches your country. We are unable to specify the exact amount of taxes and duties you may have to pay for your package as these charges are decided by your local customs and authorities. 

5. Shipping and delivery terms

Delivery terms are DAP (Delivered At Place – named place of destination, Incoterms 2010). This means that we do not collect VAT, sales tax, duty, import charges and/or other official charges on orders to countries outside the EU, since the risk for the Product passes to you before any customs clearance (if applicable). This also means that Tobii has delivered the Product to you when the Product is placed at your disposal on the arriving means of transport ready for unloading at the named placed of destination.

However, if you are a consumer the Product will be at your risk once you have taken physical possession of the Product, i.e. after customs clearance (if applicable). 

If you fail to pay customs charges for outside EU deliveries and the Product is not collected within 14 days at the named place of destination, the Product will be sent back to Tobii and you will not be entitled to a full refund in these cases. For any returns to Tobii due to uncollected Products, Tobii reserves the right to charge an administrative and reasonable fee to cover additional costs occurred for Tobii. You will be refunded the exceeding amount on the price you have paid to Tobii for the Product (excluding shipping costs). 

6. Payment terms

Invoices are due within 30 days of the date of invoice. Tobii may invoice parts of an order separately. Your order is subject to cancellation by Tobii, at Tobii’s sole discretion.

By placing an order, you agree to be liable for the payment of the Product and to take delivery of the Product in accordance with these Terms.

Tobii is not responsible for pricing, typographical, or other errors in any offer by Tobii and reserves the right to cancel any orders resulting from such errors.

When buying a Product that is not available for distribution, in stock or on back order, payment is completed at the time of pre-order. For cancellations, see Cancellation.

You must be at least 18 years old to place an order at this website. 

7. Order acceptance

By placing an order request via our online web form, you make an offer to us to purchase the Product on the Terms. Once we receive your order request, we will provide you with a confirmation of your order request. Your receipt of this confirmation email does not signify Tobii’s acceptance of your order; we are simply confirming that we received your order request. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (“Order Confirmation Email”) along with the Invoice for payment due.

Tobii may, in its sole discretion, refuse or cancel any order and limit order quantity with a full refund of the amount paid to Tobii for the portion of the order that is refused or cancelled. We may also require additional information prior to accepting or processing any order. Additionally, order acceptance may be subject to a credit check of customer before it is processed to ensure they meet the pre-conditions to qualify for payment by invoice.  

8. Payment terms

Information on accepted payment methods are available on our web site.

By placing an order, you agree to be liable for the payment of the Product and to take delivery of the Product in accordance with these Terms.

When buying a Product that is not available for distribution, in stock or on back order, payment is completed at the time of pre-order. For cancellations, see Cancellation.

If you are paying by invoice, invoices are due within 30 days of the date of invoice. Tobii may invoice parts of an order separately. Your order is subject to cancellation by Tobii, at Tobii’s sole discretion.

Tobii is not responsible for pricing, typographical, or other errors in any offer by Tobii and reserves the right to cancel any orders resulting from such errors.

When buying a Product that is not available for distribution, in stock or on back order, payment is completed at the time of pre-order. For cancellations, see Cancellation.

You must be at least 18 years old to place an order at this website.

9. Order acceptance

By placing an order via the Store, you make an offer to us to purchase the Product on the Terms. Once we receive your order, we will provide you with a confirmation of your order. Your receipt of this confirmation email does not signify Tobii’s acceptance of your order; we are simply confirming that we received your order. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details along with the Invoice for payment due.

Tobii may, in its sole discretion, refuse or cancel any order and limit order quantity with a full refund of the amount paid to Tobii for the portion of the order that is refused or cancelled. We may also require additional information prior to accepting or processing any order. Additionally, where order acceptance may be subject to a validation and/ or authorization by a card issuer or bank or to credit validation, any order acceptance is subject to such validation or authorization. For customer invoicing, a credit check of the customer may be performed before it is processed to ensure they meet the pre-conditions to qualify for payment by invoice.

10. Delivery times

Delivery times and dates specified in the Store or in Order Confirmation Emails are Tobii estimates only. Tobii will work hard to dispatch orders to meet those times and dates but shall not be held liable for failure to do so. For Products available for pre-order, Tobii provides an estimate for when the Product will start shipping. Tobii reserves the right to at any time update the shipping date for your order. For consumer purchases deliveries will be made within 14 days unless consumer has expressly agreed to another time.

11. Tobii’s 30-day return policy

If you have purchased the Product through the GazeShare Store (and did not receive it free of charge as part of the annual plan) we offer you a 30-day return policy. To return the Product, you must comply with the following: 

  • You must inform us of your decision within 30 days of the date from when we dispatched the Product.
  • Prior to returning the Product you must submit a written statement for the reason of the return.
  • To ensure immediate processing you must contact the customer service department at Tobii at help.gazeshare.com to begin the return process where they will provide a RA (return authorization) number to be displayed on the outside of the package.
  • The Product must be returned to us original and in new condition together with the original receipt and original packaging, documentation and any accessories.
  • You are responsible for the cost of shipping the Product back to Tobii including customs and taxes, and you stand the risk for any loss of or shipping damage on the Product.

Provided that the Product is returned in accordance with our policy, we will refund you what you have paid Tobii for the Product within 30 days from when we have received the returned Product.

Please note that Tobii will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.

We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

Important information:

Please note that to exercise the 30-day return policy, you must first collect the Product in accordance with these Terms (including to clear the Product for import, pay any tax, import duty and carry out any import customs formalities) and thereafter return the Product. Simply refusing to take delivery or pick up the Product will not entitle you to a refund under this policy (see section 5 above, Shipping & Delivery Terms).

12. Complaints for defect Product

If the Product does not conform to these Terms, you can file a complaint with Tobii using the support form. Tobii is only responsible for original defects (and not defects that occur due to wear and tear) and requires that a complaint is made to Tobii immediately after you discovered or should have discovered the defect and in any event not later than 10 days from the delivery.

Prior to returning a Product, a complaint must be made by contacting the customer service department at help.gazeshare.com for a Return Authorization (RA) number, which must be prominently displayed on the outside of the package. Note that obtaining an RA number does not mean that the complaint is approved. Products returned without a RA number will not be serviced.  The Product must then be returned to Tobii with the original receipt and original packaging, documentation and any accessories and together with a detailed description of the defect. 

Please note that the return is at your risk and expense until Tobii has received the returned Product. We reserve the right to charge you any transport damage. If the return shipping is not prepaid by you, or any document or information is missing, Tobii will not collect the Product.

When Tobii has received the returned Product, and provided that the complaint has been approved, Tobii will, at its discretion, repair, replace or refund you what you have paid Tobii for the Product (including original shipping costs except any costs for express delivery). Please note that Tobii will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.

If you are a consumer, please be informed that it is our responsibility to provide you with a Product that meet you consumer rights and the above is in addition to and will not limit any rights you may have under applicable mandatory law. However, your complaint must be made to Tobii within a reasonable time after you discovered or should have discovered the defect, and in any event not later than within three years after you received the Product.

13. Right to withdrawal – for EU consumers only

If you are a consumer (a natural person who places an order for purposes which are outside your trade, business, craft or profession) who is resident in an EU country, you have a right to cancel the purchase by sending Tobii a message to this effect within 14 days from the date when the you received the Product (withdrawal period).  Cancellation only applies if did not receive the Product free of charge as part of the annual plan. 

If you want to withdraw, you should contact the customer service department at help.gazeshare.com and unequivocally notify Tobii of your wish to withdraw.

The Product must be returned to Tobii within 14 days from when your notice of withdrawal was submitted to Tobii. Please note that the return is at your own risk and expense. You should thus package the Product well and preferably in the original packaging in order to minimize the risk of shipping damage. The RA number should always be attached to the Product or packaging. We will refund the amount that you paid to us for the Product, including the original shipping cost (except any costs for express delivery), within 14 days from receipt of your notice of withdrawal, provided that Tobii has within this time either received the returned Product, or proof that the Product has been returned.

We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. If you paid for your order using a credit or debit card then your refund will be made back to the same card.

Important information:
You must inform us that you want to withdraw and follow instructions above; simply refusing to take delivery or pick up the Product will not entitle you to a refund (see section 5 above, Shipping and Delivery Terms).
If you are outside the EU, this obligation also includes to clear the Product for import, pay any tax and import duty and carry out any import customs formalities and thereafter return the Product.
The shipping costs and any other costs for importing or returning the Product are not refundable and can exceed the Product’s total price.
You may be required to compensate Tobii for any decrease in the value of the Product due to the Product being used or handled to a greater extent than would have been necessary to determine its properties or function. Such reduction on the refund can amount to the Product’s total price.

14. Product functionality

The Product is a measurement device and performance can vary based e.g. on an individual’s eye color, facial physiognomy, glasses, contact lenses or on surrounding light conditions. Any specifications of Product functionality, written or otherwise presented, relate to performance over the world population and an individual can experience both higher and lower performance.

 All specifications of the Product, including illustrations, drawings, instructions, dimensions, performance data and other information published in the Store or otherwise made available by us are intended to give no more than a general illustration of the Product and its features. They do not constitute a warranty or representation by us that the Product will conform to the same.

15. Hardware warranty, remedies and limitation of liability

Tobii warrants, during a period of twelve (12) months following shipment of the Product (the “Warranty Period”), that the Device corresponds in all material respects to the specifications provided in Store at the time of the order confirmation.

This warranty is non-transferable and applies only to you in your capacity as original customer, except to the extent such warranties are transferrable under applicable mandatory law. 

This warranty does not guarantee uninterrupted use of the Product. Nor does it include any Software distributed together with the Product.

Tobii’s liability for defects in the Product is limited to what is stated in the warranty above and you cannot make other claims against Tobii due to other defects.

In no event shall Tobii’s liability extend to defects, damages or losses resulting from:

  • Third-party products
  • Customer altering, modifying or using the Product in a way inconsistent with the intended use of the Product
  • Customer using the Product in any manner or for any purpose other than the permitted purpose
  • Negligence by customer or any party for which customer is liable
  • Normal wear and tear of the Product, or
  • problems that arise as a result of damage that has been caused, in Tobii’s reasonable estimation, by servicing (upgrading, expansion, disassembly, repair, or other modification) by anyone who is not expressly authorized by Tobii to perform such service.

This warranty replaces all other warranties, expressed or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose. However, some laws do not allow the exclusion of implied warranties. To the extent these laws apply, then all expressed and implied warranties are limited in duration to the warranty period above. No warranties apply after that period.

 Tobii shall not be liable for any indirect, incidental or consequential damages, including but not limited to loss of business or goodwill, loss of revenue or loss of profits, downtime or replacement of equipment and property or any loss of data, that may be incurred due to the purchase of the Product or the use of the Product or any part thereof, except to the extent caused by gross negligence or willful intent by Tobii.

In any event, Tobii’s liability shall be limited to the order sum, i.e. the total price paid by the customer to Tobii (including original shipping costs except express delivery) for the particular Product contained in the particular order that directly caused the liability, except for in circumstances of gross negligence or willful misconduct by Tobii.

If you are a consumer, this warranty applies in addition to and does not limit any rights that you may have under applicable mandatory law. Further, the limitations of liability in this section will not limit any rights that you may have under applicable mandatory law, though however the right to compensation shall in no event include losses related to business activities.

16. Handling your personal information

Customer agrees to the terms of Tobii’s Privacy Policy, available on https://www.tobii.com/group/privacy-policy/

Customer explicitly agrees and/or has obtained all necessary approvals by all possible pertinent parties (e.g. employees of Customer or its subcontractors) that Tobii and the companies affiliated worldwide with Tobii, including its data service providers and payment service providers, shall be entitled to process and use worldwide the data connected with the web purchase (e.g. name, address, contact details such as email address and phone number, issued orders, and details regarding the rendered services); and in particular to save information on a central client database of the Tobii consortium, even after the end of the warranty period. This is done to be able to selectively target and answer any possible support questions, questions of warranty and/or other follow up questions by the Customer.

17. Technical support

Our support page on the help.gazeshare.com is the place to turn to for help with any hardware or software related issues you have. The support page is in the English language. There are no other dedicated support channels for the Product.

18. Miscellaneous

Although we strive to keep all information on the Store updated at all times, typos do happen. We reserve the right to correct inaccuracies, omissions, typographical errors and errors in specifications, pricing, etc. without prior notification.

Tobii reserves the right to change prices at any time, and to correct pricing errors that may inadvertently occur. If you have already entered into a purchase agreement at the time of the price change, you are not entitled to a refund. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you. If we are unable to contact you, your order will be automatically cancelled.

Tobii is relieved from liability for a failure to perform any of its obligations due to any circumstance beyond its immediate control, which impedes, delays, or aggravates any obligation to be fulfilled by Tobii under the Terms, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labor disputes, blockades, major accidents, defects in data or tele communications and currency restrictions (including labor dispute in which Tobii is a party)

If any portion of the Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

We may amend these Terms from time to time. Please look at section Applicability to see when these Terms were last updated. Every time you order Products from us, the Terms in force at the time of your order will apply to the contract between you and us. 

19. Governing law and dispute resolution

These Terms are governed by Swedish law, excluding its conflict of law principles.

Any dispute, controversy or claim arising out of or in connection with the Terms or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) located in Stockholm, and you irrevocably agree to submit to exclusive jurisdiction thereof. Arbitration shall be conducted in English language. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. If you are a consumer, this paragraph shall not limit any rights you may have under applicable mandatory law.

If you are a consumer within the EU, you have the right to refer a dispute to the Swedish National Board for Consumer Disputes. However, the Board’s recommendations are unbinding. 

20. Applicability

These Terms apply from and including May 11, 2018 and replace all other terms previously published by Tobii for purchases of the Product.