Website Terms of Use

The use of the website https://www.unistellar.com/ operated by the UNISTELLAR company (hereinafter referred as to “the Company”) implies the visitor’s acceptance without reservation of the following provisions by the User, the last version shall prevail.

ARTICLE 1. Legal Identification

This website is operated by UNISTELLAR, CORP., a company organized and existing under the laws of Delaware with filing # 6519252, with administrative address at 185 Alewife Brook Parkway, Suite 210, Cambridge, MA 02138, USA.

ARTICLE 2. Definitions

“Customer’s Data”: means any Customer’s Personal Data collected by the Company and all data that the Customer indicated by the latter in the scope of use of its order of the Product.

“Personal Data”: refers to all types of information, data and content, collected and treated in the scope of use of the Products delivered by the Company making it possible to directly or indirectly, designate or identify an individual.

“Product”: shall mean the eVscope provided by the Company through the Website.

“Website”: shall mean the website operated by the Company in connection with the provision of the Products, available at the following URL address: https://www.unistellar.com/

 “User”: shall mean any person which uses and navigates on this Website in order to access and purchase the Poduct provided by the Company.

ARTICLE 3. Intellectual Property

3.1 Compliance with intellectual property rights

The Company shall remain the owner of all intellectual property rights that are used to operate the Website, and more generally, all elements reproduced or used on the Website are protected by intellectual property laws.

Any reproduction, representation, use or adaptation in any form whatsoever, of all or part of said elements without prior written consent of the Company, is strictly prohibited. The fact that the Company does not initiate proceedings upon becoming aware of the unauthorized use does not constitute acceptance of said uses or waiver of legal proceedings.

All trademarks and other intellectual property rights pertaining to any content of the Website (including information, text, images, copyright and designs and models) and the structure of the Website belong to the Company, or the Company has been granted the right to use them by the holder of said rights. No use of this content and the intellectual property rights relating thereto is permitted without prior express written consent of the Company thereto. All such rights are expressly reserved.

The Company is the owner of the right to operate the domain name: unistellar.com and the owner of the copyright regarding the content of the Website.

In addition, UNISTELLAR is a registered trademark and eVscope is a trademark under registration process. As a result, any reproduction or imitation of these trademarks are strictly forbidden without the Company’s prior consent.

The User shall undertake to respect all of the intellectual property rights of The Company.

To do this and unless otherwise provided in these Terms of Use, Users are expressly forbidden to:

• Sell, publish, display, disclose or make available to any third party the Website content made available by the Company;
• Perform reverse engineering, decompiling or disassembling the Website content, except as expressly authorized by law;
• Use or copy the Website content by any manner which is not expressly authorized by the Company;
• Lease, lend or use the Website content with the objective of sharing it or making it available to third parties hereto;
• Publish any test or analysis or evaluation of performance relative to the Website content without prior written permission;
• Access the source codes of the software characterizing the Website;

The User shall undertake to immediately notify the Company of any infringement of intellectual property that it may notice.

3.2 Non-violation of Copyright – Copyright © – Links (owned by The Company or its Partners)

This Website respects copyright and related rights, hereinafter “copyrights”. All copyrights of protected works that are reproduced and communicated on the present Website apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.

3.2.1 Reproduction on paper

Reproduction of the pages of the Website on paper (printing) is permitted for strictly private and non-commercial use only.

3.2.2 Electronic reproduction

Reproduction of all or part of the Website on an electronic medium is prohibited.

Any breach of the present clause may result in a violation of copyright, trademark right, or other intellectual property rights thus exposing the User to civil and/or criminal sanctions.

ARTICLE 4. Privacy Policy

4.1 Collection of Personal Data

The Company does not collect Personal Data, unless the Customer chooses to provide such information to the Company through a web form on the Website. Submitting Personal Data through the Website is voluntary. By doing so, the User is giving the Company permission to use the information for the stated purpose.

The Personal Data collected through this Website is collected for the purpose of processing the order by the User of the eVscope Telescope. The Personal Data will be used only for its intended purpose which is to provide the service requested by the User.

The Company also collects Personal Data to allow the User to participate in online surveys which purposes are to improve the Product and services offered to Users through the Website.

The collected email addresses may also be used to provide advertisements with respect to provisions of article 4.6 below.

From time to time, the Company may use your personal information to send important notices, such as communications about purchases and changes to the terms, conditions, and policies. Because this information is important to interaction between the User and the Company, the User may not opt out of receiving these communications.

4.2 Controller of the Personal Data file and subcontracting

The Personal Data of the User will be recorded in a file of which the Company is the controller. The collection and processing of Personal Data may be outsourced to SurveyMonkey Inc.

SurveyMonkey Inc. complies with the Privacy Shield Framework as enacted by the US Department of Commerce regarding the collection, use and record of personal data transferred to the United States from the European Union. SurveyMonkey Inc. has certified to the US Department of Commerce that it complies with the Privacy Shield principles. To learn more about the privacy shield framework, check out the US Department of Commerce data protection shield list.

4.3 Right to access and rectify the Personal Data

Any User shall have the right to access and rectify any data by sending an email to: [email protected]

4.4 Transfer of the Personal Data to third parties

For providing the order of the Product through the Website, the Company must transfer the credit card data to its partners which are payment institutions. The data collected is only recorded for the necessity and duration of the transaction.

If required by law, the Company may transfer data to respond to claims against the Website and to comply with administrative and judicial procedures.

If the Company is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to disclose or transfer part of its assets, including Personal Data. In this case, the User shall be informed, before his Personal Data is transferred to a third party.

4.5 Duration of recording of the Personal Data

The Company records the Personal Data for a period up to 3 years from the collection. However, the User can request the deletion of his Personal Data at any time by sending an email to the following address: [email protected]

4.6 Use for commercial purposes

The Company can use the Personal Data for marketing purposes and provide advertisements for similar products than the one ordered through the Website.

Nevertheless, the User has the possibility to oppose such a use at any time either when he answers the web form which collects his/her data, or by activating a link of unsubscription placed in prospecting emails or at any time by sending an email to the email address as indicated above in article 4.3.

Similarly, the User may object to the transfer of his Personal Data to the Company’s partners for the advertisements purposes. To that end, the User must not check the box allowing the Company to transfer his Personal Data to its partners placed on the webpage collecting the Personal Data.

A “Privacy Notice” shall appear below the web form collecting the Personal Data.

4.7 Use for online surveys

The Company may also collect Personal Data to allow the User to participate in an online survey. In that event, the User who agrees to participate in these surveys may be asked to provide certain personal data, such as last name, first name, telephone number, email address, etc.). The categories of data collected may vary on the purpose of the survey.

4.8 Security

Personal Data that the User transfers to the Company through this Website is secured. This also applies to the payment of your Order. To that purpose, the Company uses the SSL (Secure Socket Layer) encryption system.

Similarly, the credit card data collected during the payment, namely, card number, expiry date and cryptogram are collected and processed only to provide the execution of the transaction. As a result, the data are kept only the time required to complete the transaction.

4.9 Cookies and tag pixels

The Company uses cookies and other technologies like tag pixels to measure the volume, type and configuration of traffic on the Website, to improve the services provided through the Website, as well as to optimize our advertisements. To that purpose, the Company uses Facebook pixels from Facebook Inc., 1601 S. California Ave, Palo Alto, CA, 94304, USA. The Facebook pixel is an analysis tool that allows the Company to measure the effectiveness of advertisements by following the actions taken by the User and redirecting them to the Website after activating on a Facebook ad. As a result, when the User visits the Website and performs an action (such as placing an order), this action triggers the Facebook pixel that signals this behavior to the Company. This device is used to evaluate the effectiveness of Facebook ads for statistical and measures the effectiveness of our customer communications and can help the Company to improve future advertisements.

The data collected is anonymous and does not identify the visitor. However, these data are processed and stored by Facebook, so that Facebook can use this data for its own advertisements purposes in accordance with the policy of use of data Facebook which the User can consult at the following link: https://www.facebook.com/about/privacy/).

The User can withdraw its consent on the following link: facebook.com/ads/website_custom_audiences/

The User may oppose the insertion of Facebook pixels by not activating the “Authorize” button when the banner to receive the consent will appear.

ARTICLE 5. Creating links to the Website

Users may not implement a link to this Website without the prior agreement of the Company. If a User wishes to implement a link to the Website, he must send a request to the following email address: [email protected]

ARTICLE 6. Limitation of liability

The material used by the User to visit and navigate through this Website is under its sole responsibility. To that purpose, the User must take all appropriate measures to protect his/her material and his/her Personal Data against any virus attacks on the Internet or any loss of data.

ARTICLE 7. DISCLAIMER

The Company reserves the right to modify these Terms and Conditions at any time and, according to the technical evolution of the Website or its service offerings, or in the event of changes in the legislation.

In general, use of the Website by the User is always subject to the most recent version of the General Terms and Conditions on the Website and available to the User at the time of use. The User is responsible for consulting the General Terms and Conditions as often as necessary, which are available on this Website.

THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY  CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY THE COMPANY SERVICES. THE USER ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of these Terms of Use, tort, negligence or any other cause of action.

Except where prohibited by law, in no event will the Company be liable to the User for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.

ARTICLE 8. Severability

If any of the provisions of these Terms and Uses are cancelled in whole or in part, the validity of the remaining provisions of the Terms and Uses shall remain unaffected. In this case, the Parties shall, to the extent possible, replace the cancelled provision by a valid provision corresponding to the spirit and purpose of the Terms and Uses.

ARTICLE 9. Application Law – Disputes

9.1 Applicable law – language of the Terms of Uses

These Terms of Uses shall be governed by and construed under and in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the state of DELAWARE.

9.2. Dispute resolution

Any claim, disputes or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products or/and THE INTERPRETATION OR APPLICATION OF THESE Terms and Uses, or validity thereof, or Company’s or any of its affiliates’ advertising or marketing (collectively, a “Claim”, SHALL BE RESOLVED, UPON THE ELECTION OF ANY OF THE COMPANY, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION PRIOR TO JUDICIARY PROCEEDINGS, except that the User may assert claims in small claims court if The User claims qualify to go before the claims court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

This arbitration provision is subject to the Federal Arbitration Act (9 U.S.C §§ 1-16).

Each Party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration.