The term ‘Tobii or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Tobii AB, Karlsrovägen 2D, 182 53 Danderyd, Sweden. Our company registration number is SE556613-9654. The term ‘you’ refers to the user or viewer of our website.
By accessing and/or using the Site or any Company Services, you (“You”) accept and agree to be bound by, and become a party to, the terms and provision of this TOS. If You do not agree to the terms and conditions of this Agreement or if You are not authorized to enter into or be bound by this Agreement, then do not access or use the Company Services or Site. This TOS is a legal agreement between You and Company and applies to You whether You are a user of the Site and/or Company Services, a visitor just browsing the Site, or any other individual or entity accessing or using the Company Services and/or Site (collectively, "Users"). All access to and use of the Company Services and the Site by You, including any content, information, products or services therein, is subject to the terms and conditions of this Agreement and conditioned upon You becoming a party hereto.
GazeShare is a web-based service that allows users to share screen, web camera, microphone and eye tracking data, in real-time to other participants connected to the session. Participants can join a session by typing in the same URL in the browser window. Typing in the same URL will make the participants appear in the same room where you can talk to each other with voice, see each other with transmitted video, and share their screen with eye tracking data (if connected to a Tobii compatible eye tracker).
A loged in user can optionally choose to record a session which will save the recording as an MP4-format that will be available for download to the loged in user. Users who wish to share their screen will need to install a web browser extension. In order to also share the eye tracking data along with the screen, the user will need to procure a compatible Tobii eye tracker and install the necessary software needed to setup the eye tracker and stream the users’ eye tracking in the form of a gaze overlay. Additional terms apply to this software for controlling the eye tracker. Please refer to the End User License Agreement (EULA) related to the eye controller software that is downloaded from gazeshare.com/getstarted. See gazeshare.com/support for list of supported eye trackers. Note that the sharing of gaze overlay is optional and not a required in order to conduct a GazeShare session on the Service.
If you are joining as an observer and do not need to share your screen or gaze, you do not have to install any software or plugins to use the Service. You need to register and log in in order to create a room, which will provide a dedicated URL that you can send to participants you wish to join you in the room for a session on the Service. You do not need to be registered or logged in to join the room URL for a session on the Service as long as someone has shared the link with you.
Video, sound, screen and eye tracking data shared via the Service is only seen by the people who are present in a room at the time the content is shared. The session can optionally be recorded which is by then only available for download by a loged in user. You should be aware that by default a room is open, so anyone who knows the URL can enter the room simply by typing the URL in the browser. If anyone enters a room you are present in, you can see them in the room.
Please note that it is the end user’s responsibility to gain consent from the test participant to record a participant’s screen, audio, camera and eye tracking data.
A registered user belongs to a customer of the Service. A customer can have one or more users associated to the customer. The Service permits users belonging to this customer to create and share rooms, which are dedicated URLs that can be shared with unregistered and anonymous users. Only registered users of a customer have the ability to create, edit, and delete a room of the customer account as well as download and delete recordings.
2. Proprietary Rights
Title to and ownership of the Company Services and the Site, including all intellectual property rights therein and thereto, are and shall remain the exclusive property of Company and its suppliers and licensors, and, subject to the limited rights and license expressly granted hereunder, Company and its licensors retain all right, title and interest in and to the Company Services and the Site and in and to all of Company’s other intellectual property rights. Without limiting the foregoing, the names, marks, brands, logos, designs, trade dress and other designations used in connection with the Company Services and Site are proprietary to Company and its licensors and no rights or licenses thereto are granted hereunder. No intellectual property or other rights or licenses are granted or otherwise provided by Company under this Agreement, by implication, estoppel or otherwise, beyond those expressly provided for herein. You acknowledge that any unauthorized copying or use of the Company Services or Site is a violation of this Agreement and copyright laws and is strictly prohibited.
You shall have no right to, and shall not, reverse engineer, disassemble, decompile, copy, modify, spider, crawl, or create derivative works of or based on, sell, resell, display, distribute, disseminate, rent or lease the Company Services or Site or any part thereof, except to the extent applicable law otherwise requires You to be allowed to do so. You shall not remove, alter or conceal any copyright or trademark or other proprietary rights notices incorporated in or accompanying the Site or Company. You shall comply with all applicable laws, including US export controls, in your use of the Company Services and the Site and shall not use any of them for purposes for which they are not designed. You shall immediately notify Company of any violation or attempt to violate any of the restrictions or limitations on use or access to the Company Services of Site specified in this Agreement upon first becoming aware of such violation or attempted violation.
You must be at least 13 years of age or older to sign-up or register for, or install or use, the Company Services or Site. You must also have a valid email account to sign up or register for the Company's Expanded Services. When You sign up or register with Company and/or set up your Company account, You agree that all information provided to Company upon sign up and/or registration and at all other times through the Site or any Company Services will be true, accurate, current and complete (which includes use of your real name). You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to (a) use the account, username, or password of another User, or (b) disclose your password to, or share your account with, any third party or allow or authorize any individual or entity to use your account or user ID with Company. You agree to notify Company immediately if You suspect any unauthorized use of your account or access to your password or account. You are solely responsible for any and all use of your account.
You may only place an order to purchase a subscription to the service or an eye tracker hardware if you are at least 18 years old.
You understand that through your use of the Service you consent to the following collection and use of this information. Voice, video, screen and eye tracking data shared in a room is not stored anywhere in our system. Except in a case when a user chooses to record a session.
GazeShare can optionally record when a screen is being shared in a room. When an end user chooses to record a GazeShare screen sharing session, the recording is stored in the GazeShare data centre automatically, and is available to a logged in user to both download and / or delete the recording. When a recording is deleted by the user, the recording is deleted / removed from the GazeShare data center.
The recording includes but is not limited to:
· Information of who was recorded, “who” being defined either as the display name of a logged in participant, or the optional text string entered by an anonymous guest participant.
· The web camera stream of the participant if the web camera has not been turned off by the participant who is sharing their screen. (optional)
· The audio stream of the participant and any other persons in the GazeShare room, as long as the audio has not been muted by the participant(s). (optional)
· The eye tracking data of the participant as long as the eye tracker and gaze data has not been turned off by the end user. (optional)
· The screen sharing video of the participant.
· What GazeShare room the recording was made in.
· At what time the recording was made.
You are required to register in order to create a room in the service. During registration, we store your display name, and email address. Your display name will be visible to people you meet in a room. Your contact information will not be visible to other users.
We may use your contact information to contact you about issues with your room or to inform about the Service. Should you choose to deregister with our services we will delete all of your data stored in the Service, including your email address.
The Service is offered as a paid subscription, known as the Standard plan. The Standard plan features will then be available to all users visiting the room, even if they’re anonymous, with the exception of the ability to create, edit and delete rooms, which is only available to registered users. We reserve the right to change the features included in the Standard plan, the price of the Standard plan and the structure of the plan at any time. You will find an updated overview of the content of the plan at gazeshare.com/pricing. We will notify all paying users of such changes in advance.
Service begins as soon as your order is processed and your user is created in the system and sent to your email address on record. You’ll be invoiced 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.
In the case that the purchase of the subscription is bundled with the Eye Tracker 4C – GazeShare edition, then a 14 day grace period to allow for shipping time will be added to the end of your annual contract, at which time the subscription will automatically renew, until you cancel.
Renewal rates are subject to change, but we’ll always notify you beforehand.
If you cancel within 14 days of your order, you’ll be fully refunded any payment you have made. 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 contacting us at gazeshare.com/support.
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.
In all versions of the Service, communication between participants are primarily sent through peer-to-peer connections, where audio, video and eye tracking data streams are sent directly between participants and do not pass through any or our servers. Video, audio and eye tracking data transmitted in the Service is then sent directly between the participants in a room and is encrypted (DTLS-SRTP) with client-generated encryption keys. In cases where a user is behind a strict firewall or NAT, video and audio need to be relayed via a TURN server, but end-to-end encryption is still maintained.
You are responsible for your use of the Service, including the lawfulness of the Content. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to process such Content in any way necessary to perform the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We respect your right to privacy and will not access the contents of the Content. This license is only about you authorizing us to broker your Content.
The Company Service offers Users the opportunity to share content and data with each other. Company encourages such sharing but prohibits copyright infringement or the infringement of other intellectual property rights through the Company Service. Company respects the copyright and other rights of content owners and requires its Users to do the same when using the Company Service. Accordingly, You understand that all information, communications, video, music, movies, data, text, software, sound, photographs, graphics, messages or other materials, in any event excluding all Company Materials (as defined below), submitted, shared, posted, uploaded, provided, displayed, transmitted, streamed, broadcast or otherwise made accessible (collectively “Shared”) on, to or through the Site and/or Company Services ("User Content"), are the sole responsibility of the person from which such User Content originated. You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to Share any User Content You Share on, through or to the Company Service You further agree that User Content You Share on, through or to the Company Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have the necessary permissions from the rightful owner of the material. In particular, and without limitation, before Sharing User Content (such as music or video) through the Company Services which originates from a third party website, application or service, You must first ensure that You have the right to do so in accordance with the terms and conditions for such website, application or service. Content Removal Policy. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If a rights holder believes that User Content has been copied in a way that constitutes copyright infringement, such rights holder or its agent or designee should provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement by the rights holder or its agent or designee indicating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that the author is authorized to act on behalf of the copyright owner. Notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Site or Company Service shall be sent to email@example.com. Company reserves the right to remove, block or otherwise stop the Sharing of User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion.
You agree not to Share any User Content on, through or to the Company Services that is contrary to applicable laws and regulations or that (a) is pornographic, sexually explicit, obscene or indecent, (b) depicts real-life abusive, violent or illegal activity (subject to reasonable exceptions for legitimate news and educational materials), © communicates hate speech, threats, harassment, intimidation or invades another’s privacy, or (d) violates the rights of others.
You understand that by using the Company Services, You may be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. We may or may not (and are not required to) screen, monitor or control the User Content Shared on the Site or on, through or to the Company Services, including any communications, information or other User Content from other Users or other parties. Under no circumstances will Company be liable in any way for (and You release Company from, and waive any rights to bring or assert any claims for, any liabilities arising from) any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content.. You may not use User Content that is Shared on, through or to the Company Services or Site in a manner that exceeds the rights granted for your use of such User Content, which includes unauthorized copying, display, use or distribution of the User Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the User Content.
You agree that You are responsible for your own conduct and User Content while using the Site and/or Company Services and for any consequences thereof. You agree to use Company Services and the Site only for purposes that are legal, proper and in accordance with the Agreement and any applicable laws, regulations, rules, policies or guidelines. By way of example, and not as a limitation, You agree that when using Company Services and the Site, You will not:
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate room ownership. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
The Service is for legitimate individual use only (personal or business communication). We may on our option, terminate our relationship with you, or suspend your access to the Service immediately if it is deemed by us that you are using your subscription contrary to these Terms. We will attempt to provide you with notice of improper usage before suspension or termination of your subscription and may, if appropriate, offer you an alternative service.
We reserve the right to report illegal activity to applicable authorities.
Company may provide certain information and other content on, through or to the Site and the Company Services. "Company Materials" mean all information, content, software and other materials originating from Company (or its non-User licensors) and made available through the Site and Company Services, including, without limitation, information, data, graphics and files made available through the Site and Company Services as well as the Company logo, and all Company designs, text, data, graphics, other files, and the selection and arrangement thereof. Company and its licensors own and reserve all rights, title and interest, including all worldwide intellectual property rights, in and to the Site, Company Services, Company Materials, and the trademarks, service marks and logos contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Materials. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Company Materials.
The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
All Company Materials and User Content are provided for your convenience only on an “as is” basis without warranty of any kind. Company does not endorse, support, represent or guarantee the qualifications, expertise, experience or identity of the providers of any such Company Materials or User Content, and Company does not warrant, guarantee, support, verify or otherwise have any responsibility for the completeness, truthfulness, accuracy or reliability of any Company Materials or User Content, including without limitation any information contained therein or any opinions or communications posted on, obtained from or available through, the Company Services or the Site. All use of and reliance upon any such information (or any Company Materials or User Content generally) by You shall be solely your responsibility and at your sole risk.
The Company Services and Site may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or the content, products or services on or available therefrom. Links to such websites and resources do not imply any endorsement by Company thereof or of the content, products or services thereon. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Company reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate the Site and/or Company Services without advance notice. All modifications and additions to the Site and/or Company Services shall be governed by this Agreement, unless otherwise expressly stated by Company in writing. Company may also modify or amend this Agreement in its sole discretion without advance notice by posting the modifications or amended Agreement on the Site. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to You, your sole remedy is to cease using the Site and Company Services, and if applicable, cancel your Company account. By continuing to access or use the Site and/or Company Services after Company makes any such revision, You agree to be bound by the revised Agreement. This Agreement may not otherwise be modified or amended, except with the written agreement of both parties.
Without limiting other remedies, Company may immediately terminate or suspend your access to the Site and/or Company Services and remove any material (including User Content) from the Site or our servers, in the event that You breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Site and/or Company Services at any time and for any reason or no reason.
After any termination by You or Company: You understand and acknowledge that we will have no further obligation to provide or allow access to the Company Services or the Site. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease. Company is not liable to You or any third party for termination of the Company Services or termination of your use of the Company Services or the Site. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING ANY USER CONTENT OR OTHER USER SUBMISSIONS) THAT YOU HAVE SUBMITTED, POSTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR COMPANY SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, except as may be required by applicable law, Company will have no obligation to store or maintain any User Content or other information stored in our database related to your account or to forward any information to You or any third party. Any suspension, termination or cancellation will not affect your obligations to Company under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You agree to defend, indemnify, and hold Company, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Company Services, Company Materials and User Content; (ii) your violation of the Agreement; (iii) your violation of any applicable laws, rules or regulations; (iv) any User Content posted, uploaded or provided by You; or (v) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, COMPANY, COMPANY MATERIALS, USER CONTENT, INFORMATION AND RESULTS AND OTHER CONTENT AND INFORMATION AVAILABLE THROUGH THE SITE OR COMPANY SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL COMPANY'S (OR ITS AFFILIATES’, OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’ AND LICENSORS’) CUMULATIVE LIABILITY TO YOU EXCEED US $100.00, EXCEPT TO THE EXTENT SUCH LIMITATION IS NOT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You to the extent applicable law so requires.
The Agreement constitutes the entire agreement between You and Company and supersedes any prior agreements, understandings or arrangements between You and Company. You may not assign the Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by You without the appropriate prior written consent of Company will be null and void. Company may assign the Agreement or any rights hereunder without your consent. The Agreement and the relationship between You and Company shall be governed by the laws of the State of California, without regard to or application of its conflict of law provisions, rules and principles. You agree to submit to the personal jurisdiction of the courts located in Stockholm, Sweden for the purpose of litigating all such claims. Further You agree that You must bring any claim arising out of or related to this License Agreement, or the relationship between You and us, within one (1) year after the claim arises, or the claim will be permanently barred. The failure or delay of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the full extent consistent with applicable law, and the other provisions of the Agreement remain in full force and effect. You and Company are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Company may provide notices to You with respect to this Agreement, the Site or the Company Services by posting such notices to the Site or by sending them to the email address or other contact address You provide upon registration or setting up your account. Any such notices shall be deemed properly and timely given to You hereunder. You consent to the use of: (a) electronic means to complete this Agreement and to provide You with any notices given pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Site and Company Services.
Please report any violations of the Agreement or provide any comments or questions by emailing us at firstname.lastname@example.org. You agree, however, that: (i) by submitting ideas regarding the Company Services or Site to Company or any of its employees or representatives, You automatically forfeit your right to any intellectual property rights in these ideas; and (ii) ideas regarding the Company Services of the Site submitted to Company or any of its employees or representatives (including any improvements or suggestions) automatically become the property of Company. You hereby assign and agree to assign all rights, title and interest You have in such comments and ideas to Company together with all intellectual property.
We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Last updated: 4. December 2017