Terms of Use

In this section we will explain how to sign up to Obskuer and use our services.

1. You and Obskuer

When we say you or your, we mean both you and any entity or firm that you’re authorised to represent. When we say Obskuer, we, our or us, we’re talking about the Obskuer entity you are contracting with and pay fees to based on the hardware or software solution you select and start using. Our current entities include, but aren’t limited to Marcomms Limited, MC Lease Limited, Obskuer AI Limited. Obskuer AI Pty.

2. Our services:

Our services consist of all the services we provide now or in the future, including our hardware and software solution for people counting and conversion rate analytics

3. Creating a subscription:

By accepting these terms and agreeing to an ongoing monthly subscription to use our services you will become a master user. If you’re the master user, you’re the one responsible for paying for your subscription.

4. Additional users in Obskuer:

An additional user is a person other than the master user who has been invited to use our services.. If you’re an invited user, you must also accept these terms to use our services.

5. User roles and access:

As a master user you will be inviting others into your monthly software subscription. You should understand the permissions you’re granting to additional users. An invited user will be able to access all information collected within your current dashboard including, but not limited to sales, transactions and footfall numbers.

6. The right to use our services:

Whether you’re a master user or an additional user, we grant you the right to use our services for as long as the master user continues to pay for the subscription, until the subscription is terminated, or – if you’re an additional user – until your access is revoked.

7. Master User role:

As a master user, you take responsibility for fully controlling how your subscription is managed and who can access it. For example.

• You can transfer your master user status

• You control access to the dashboard subscription. You decide who’s invited to use our services you’ve subscribed to. You can change or stop that access at any time

• You’re responsible for resolving any disputes with any additional users over access to your subscription

• You’re responsible for all your additional users’ activity

8. Your responsibilities:

You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services.. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable. The stronger the password the better!

9. When we introduce new or revised services:

Since we’re always thinking about how to make Obskuer the best it can be we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.

10. What we own:

We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Enter your Unless you’re in a free trial or another offer period, by accepting these terms, you are agreeing to an ongoing monthly software fee. The pricing details and other terms of your subscription are explained when you select your plan.

11. Trial subscriptions:

If you are in a trial period you will be advised of those terms. If you wish to remove the trial you will need to give us a minimum of 10 working days notice. If you fail to do this, you may be required to pay for the service until it can be removed. All trial phase data will be deleted upon termination of service. If you wish to proceed with the service, you’ll be billed from the date on which your trial expired..

12: Obskuer Hardware Purchase and Payment:

All hardware goods supplied by Obskuer to the customer, will remain the property of Obskuer, until the Customer has made payment in full for the goods.

13. Obskuer Monthly Software Plans:

Your use of our services requires you to pay a monthly software fee based on the hardware requirements, third party integrations and number of locations.. The pricing plan consists of automatic repeat invoicing, payment allocation, auto-renewal and cancellation terms. The pricing plan may vary by region.

We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a master user or invited user, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in the pricing plans.

14. Taxes for your use of our services:

You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes.

15. Additional services:

Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Obskuer offers – like Data Analysis Consultancy Services and Strategy sessions. These might incur an additional fee that we’ll let you know about, if and when you sign up for those services.

16. Importance of timely payments

In order to continue accessing our services, you need to make timely payments based on the monthly software services you are subscribed to.. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made. If you wish to discuss payment options please email accounts-assist@askObskuer.com

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17. Use of data:

When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

18. Use of personal data you enter about others:

Depending on your POS Feed or additional Third Party Integrations our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into Obskuer.

19. Anonymised statistical data:

When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

20. Data breach notifications:

Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

21. Keeping it confidential:

While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

We take security seriously and we think you should too. Here's some more information around our Security.

22. Security safeguards:

We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security.

23. Account security features:

We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

24. Playing your part to secure your data:

You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Obskuer’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.

25. Request for Access:

Access to client data by others is not permitted. Clients can share or redistribute their own data. However Obskuer Employees or Contractors cannot redistribute any specific identifiable data on behalf of a client.

Third-party Integrations

To help make your Obskuer experience even more beautiful, we provide Third party integrations from Point of Sales Providers and other data sets when required.

26. Third Party Fees:

Some of our services, such as our Conversion Rate Analysis Data use data from a third party. Any third party providing a data feed through to Obskuer may also charge you fees in addition to what you pay us. It is your responsibility to ensure you understand your Third Party obligations.

27. Third-party terms and descriptions:

Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

Maintenance, downtime and data loss

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

28. Availability:

We strive to maintain the availability of our services, and provide email support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

29. Access issues:

You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. The most common is Internet Connectivity via a Telecommunications Outage.

30. Data loss:

Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.

31. No compensation:

Whatever the cause of any downtime, access issues or data loss, we will do our best to get the problem fixed as soon as possible. PLease note: We do not provide any financial compensation for downtime.

32. Problems and support:

If you have a problem, we have an excellent support team who will be able to assist you with any issues.

33. Modifications:

We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical (for example, by email, on our blog, or within our services when you log in).

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense for many.

34. Feedback:

We love your feedback and may use it without restriction.

35. Help using our services:

We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

36. Limitations:

Some of our services may be subject to limits such as a cap on the number of monthly transactions.

37. No-charge or beta services:

Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.

38. While we can’t cover everything here, we do want to highlight a few more examples of things you must not ever do:

• Undermine the security or integrity of our computing systems or networks

• Use our services in any way that might impair functionality or interfere with other people’s use

• Access any system without permission

• Introduce or upload anything to our services that includes viruses or other malicious code.

• Share anything that may be offensive, violates any law, or infringes on the rights of others

• Resell, lease or provide our services in any way not expressly permitted through our services

• Repackage, resell, or sublicense any leads or data accessed through our services

• Commit fraud or other illegal acts through our services

• Act in a manner that is abusive or disrespectful to a Obskuer employee, partner, or other Obskuer customer. We will not tolerate any abuse or bullying of our Obskuer employees in any situation and that includes interaction with our support teams.

You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

39. Subscription period:

43. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with your monthly subscription. You may choose to terminate your subscription at any time by providing one month’s written notice to email: support@askObskuer.com You’ll still need to pay all relevant subscription fees up to and including the day of termination.

40. Termination by Obskuer:

Obskuer may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Obskuer may also terminate or suspend your subscription or access to all or any data immediately if:

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,

• you breach any of these terms and the breach cannot be remedied,

• you fail to pay subscription fees, or

• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

41. No refunds:

No refund is due to you if you terminate your subscription or Obskuer terminates it in accordance with these terms.

42. Retention of your data:

Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, we may use for anonymous statistical purposes.

This section is important as it outlines liability terms between us and both master users, subscribers and invited users, so we urge you to read it closely and in full.

43. You indemnify us:

You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

44. Disclaimer of warranties:

All Camera and Networking hardware is covered under their retrospective Manufacturer warranty terms. All our additional services and third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 50, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

45. Limitation of liability:

Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

• you breach any of these terms and the breach cannot be remedied,

• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

This section outlines how disputes may be resolved.

46. Dispute resolution:

Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support@askObskuer.com If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Just to be clear, Obskuer isn’t a Professional services firm. Whilst we might provide you with suggestions for key insights into the data and potential focus points, this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.

47. No professional advice:

No refund is due to you if you terminate your subscription or Obskuer terminates it in accordance with these terms.

48. Events outside our control:

We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

49. Notices:

Any notice you send to Obskuer must be sent to support@askObskuer.com Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

50. Consumer laws:

In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).

51. Export limitations

You must not use our services in violation of any export or trade embargo laws that apply to you.

52. Excluded terms:

The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.

53. Blocking your access, disabling your subscription, or refusing to process a payment:

As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

54. Relationship between the parties' assignment:

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you (the master user) and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. Obskuer may assign these terms - or any of our rights or obligations in these terms - to another Obskuer entity as it deems appropriate. Obskuer entities are the companies controlled by or under common control with Obskuer AI Limited (a New Zealand company with company registration number 6973093).

55. Changes to these terms:

We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you.

56. Enforcement of terms:

If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

57. Interpretation

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

58. Obskuer contracting entities; law and venue:

These terms shall be governed by the laws of New Zealand.

You’ve made it to the end. Thanks for reading our terms!