End User License Agreement and Data Processing Agreement

  • EULA
  • DPA

END USER LICENSE AGREEMENT (EULA)

Software: uSee (VMS)
Licensor: Arteco Srl
Last Update: 10/09/26
These license terms and conditions (“License Terms”) govern the use of the uSee Software (the “Software”), developed and owned by ARTECO S.r.l. (“ARTECO” or the “Producer”), with its registered office at Via Pana 180, Faenza (RA), Italy, tax code and VAT number 02814270399, and form an integral and essential part of any agreement, order, offer, or other contractual document (“Commercial Agreement(s)”) entered into between the end user of the Software (“User(s)”) and ARTECO or any distributor, installer, system integrator, or other authorized partner (collectively referred to as the “ARTECO Commercial Network” or “Partners”).
These License Terms also apply to all security, corrective, maintenance, and compatibility updates, as well as bug fixes (“Updates”), and to evolutionary developments such as, by way of example, new features, modules, versions, and releases (“Developments”) made to the Software, including those provided as part of maintenance, update, or technical support services (“Services”).
The User hereby declares and acknowledges that: (i) they have read and fully accept these License Terms; (ii) they possess all rights and authority necessary to accept the License Terms; (iii) they will use the Software in the course of their business, trade, craft, or professional activity and, consequently, the provisions of Legislative Decree 206/2005 for consumer protection do not apply to them; (iv) any Commercial Agreements entered into with entities belonging to the ARTECO Commercial Network do not grant the User any intellectual property or usage rights to the Software other than or in addition to those outlined in these License Terms; and (v) in the event of any conflict between these License Terms and a Commercial Agreement, these License Terms shall prevail, except where the relevant License expressly provides otherwise.

Types of Software Licenses

The licenses to use the Software (and any sub-licenses) are granted under one of the following terms:
a) Demo Version (Trial License): This license is free of charge and grants the User a non-exclusive, non-transferable, non-sublicensable right to use the Software. It automatically terminates upon expiration of the period specified in the Commercial Agreements.
b) Subscription License (Term License): This license grants the User a non-exclusive, non-transferable, and non-sublicensable right to use the Software for the period specified in the Commercial Agreements. The continued validity of the license is subject to the payment of the applicable fees in accordance with the Commercial Agreements and compliance with these License Terms. The Subscription License includes the Services provided by the member of the ARTECO Commercial Network with whom the User has entered into the commercial relationship.
c) Perpetual License: This license grants the User a non-exclusive, non-sublicensable right to use the licensed version of the Software for an indefinite period. The Perpetual License includes maintenance, update, and technical support services for an initial period of twelve (12) months. After this period, Services will only be provided if separately purchased or renewed in accordance with the agreements between ARTECO and the relevant member of the ARTECO Commercial Network. ARTECO assumes no obligation to ensure compatibility, operation, or support of the Software beyond the period during which the relevant version is technically supported by the technologies and third-party components required for its operation.
d) Partner License: A term or perpetual license granted by the Producer to a member of the ARTECO Commercial Network, which is non-exclusive, non-transferable, and sublicensable.

Conditions of Use

The User undertakes to use the Software in full compliance with all laws, regulations, administrative measures, and provisions issued by the competent authorities applicable to the use of the Software, to the User’s activities, and to the territories in which the Software is installed, used, or produces effects, including, but not limited to, regulations regarding personal data protection, video surveillance, cybersecurity, telecommunications, occupational safety, protection of property, and protection of fundamental rights of individuals.
It is expressly prohibited to use the Software for unlawful purposes or, in any case, in violation of the law, public order, morality, the rights of third parties, or these License Terms. The User further undertakes not to use the Software in any way that may cause harm to persons, property, computer systems, communication networks, or third-party infrastructure, nor to use it for surveillance, monitoring, or data processing activities carried out without the legal basis required by applicable law.
The User is solely responsible (i) for the lawfulness of the purposes pursued through the use of the Software, for the methods of use, and for compliance with all applicable legal and regulatory obligations; and (ii) for determining the retention period for images, video recordings, logs, access control data, and any other data processed through the Software.
The User is required to take all reasonably necessary measures to limit and mitigate any damages resulting from malfunctions, anomalies, or unavailability of the Software.

Licenses Fee

The use of the Software is subject to (i) in the case of Perpetual Licenses, payment of the one-time fee specified in the Commercial Agreements; and (ii) in the case of Term Licenses, payment of the periodic fee specified in the Commercial Agreements.
The User acknowledges that the Software and the Services are subject to ongoing technological, regulatory, and market developments, which require continuous development, maintenance, updating, cybersecurity, and technical support activities. Therefore, License fees are subject to periodic review and may be modified over time, with such modifications becoming effective as of the first renewal following written notice to the User, which must be provided at least thirty (30) days in advance.

Cybersecurity, Updates, and Developments

The Producer continuously develops and improves the Software to ensure its technological advancement, security, reliability, compatibility, and compliance with applicable laws and regulations.
The availability of Updates and evolutionary Developments is governed by the type of License purchased or by specific contractual agreements entered into between the Producer and a member of the ARTECO Commercial Network. Unless expressly provided by such agreements or by the applicable License, the Producer assumes no obligation to develop or make available for specific Updates or evolutionary Developments.
Where provided for by the License or Commercial Agreements, the Producer may, at its sole technical and organizational discretion, release functional updates, corrective updates, security updates, patches, hotfixes, new releases, adaptations, evolutionary developments, architectural modifications, updates of third-party software components, or any other intervention deemed necessary for the maintenance, evolution, security, compatibility, or compliance of the Software.
The Producer may modify, supplement, replace, limit, remove, or discontinue specific features of the Software where reasonably required by technical needs, technological advancements, unavailability or changes of third-party hardware or software components, cybersecurity needs, vulnerability management, protection of the integrity of the Software, regulatory compliance, or to ensure the continuity and efficiency of the Services.
The Software may use operating systems, software libraries, APIs, cloud services, communication protocols, hardware components, or other products and services provided by third parties. Any modification, discontinuation of support, unavailability, or change in the characteristics of such components shall not constitute a breach attributable to the Producer and/or to the Partners.
The Software includes license control and telemetry features designed to ensure its security and prevent unauthorized use. For this purpose, the application may transmit to the Producer’s servers data of a purely technical nature, which, by themselves, are not suitable for identifying data subjects.

Liability and Indemnification

The Software is licensed “as is” and “as available” in accordance with the functional specifications described in the official technical documentation made available by the Producer. The Producer undertakes to adopt reasonable technical and organizational measures, in line with industry standards, to promote the availability, reliability, and security of the Software.
The User acknowledges that the Software, by its nature, is a technologically complex product subject to the inherent limitations of information technology and electronic communications networks, and that the Producer does not guarantee the absence of errors, interruptions, vulnerabilities, or malfunctions, nor the continuous and uninterrupted availability of the Services.
The User further acknowledges that the correct functioning of the Software, as well as the performance and reliability of the systems in which the Software is installed, depend on multiple factors beyond the Producer’s control, including, but not limited to, the design, configuration, installation, maintenance, and management of the system by the Installer, System Integrator and/or the User, as well as the characteristics of the hardware, network and telecommunications infrastructure, operating systems, cloud services, and other products or services provided by third parties, in addition to the methods of use adopted by the User.
Except as expressly provided in these License Terms, the Producer gives no warranties, express or implied, with respect to the Software, including, but not limited to, any warranty of fitness for a particular purpose, absence of errors, continuous operation, uninterrupted availability, compatibility with third-party systems or applications, or achievement of specific results. Except as may be provided in specific service level agreements (SLAs) executed between the Producer and the Partners, the Producer undertakes no commitment regarding minimum levels of availability, response times, recovery times, or specific performance of the Software or Services.
Except in cases of willful misconduct or gross negligence, the Producer shall not be liable, on any grounds whatsoever, for any direct or indirect damages, including loss of earnings, loss of profits, charges, or expenses resulting from: (i) configuration or use of the Software not in accordance with the technical documentation or instructions provided by the Producer; (ii) use of the Software with hardware devices, operating systems, network systems, or infrastructures not compatible with the Software; (iii) maintenance and management of systems performed by the Installer; (iv) unavailability or malfunction of networks, infrastructures, hardware devices, cloud services, or third-party services; (v) modifications, customizations, alterations, or interventions on the Software carried out by unauthorized third parties; (vi) loss, alteration, or damage to data processed by the Software; (vii) breach of legal obligations applicable to the Installer or User, including those relating to personal data protection, video surveillance, cybersecurity, and occupational safety; (viii) failure to detect, record, process, or report events, images, videos, data, or alarms; (ix) statements, warranties, or commitments made by the Installer regarding the functionality, performance, characteristics, service levels, regulatory compliance, reliability, or suitability of the Software or Services not previously authorized in writing by ARTECO; (x) cyberattacks, malware, ransomware, unauthorized access, security breaches, or loss of availability, integrity, or confidentiality of data or systems; (xi) use of the Software by the User in violation of these License Terms or applicable law.
The User and members of the ARTECO Commercial Network undertake to indemnify and hold harmless the Producer from any claim, action, sanction, damage, liability, or expense asserted by the User, competent authorities, or third parties arising from use of the Software in violation of the law, these License Terms, or the instructions provided by the Producer.
Except in cases of willful misconduct or gross negligence, the Producer’s liability, on any grounds whatsoever, shall not exceed, in aggregate and cumulatively, an amount equal to one annual license fee corresponding to the License to which the damaging event relates

Intellectual Property

All industrial and/or intellectual property rights, including the related rights of economic exploitation of the Software—such as, but not limited to, object code, source code, interfaces, technical documentation, Updates, and Developments of the Software—are and shall remain the exclusive property of the Producer, or of third parties who have granted the Producer the necessary rights of use and economic exploitation.
This Agreement does not entail any transfer or assignment, either to the User or to the Partners, of any industrial or intellectual property rights relating to (i) the Software, or (ii) the trademarks or other distinctive signs of ARTECO, except for the limited rights of use expressly provided for in these License Terms or in agreements between the Producer and the Partners.
The User and the Partners are expressly prohibited from modifying, adapting, copying, reproducing, altering, decompiling, disassembling, performing reverse engineering, removing, or circumventing technical protection measures, or using the Software beyond the limits and authorizations expressly set forth in these License Terms. The User and the Partners are also prohibited from granting sublicenses, distributing, or making the Software available to third parties, except as expressly permitted by the Partner License and/or by commercial agreements entered into with ARTECO.

Suspension and Termination of the License

Access to the Software may be temporarily suspended if: (i) it is reasonably deemed necessary for reasons of security, ordinary or extraordinary maintenance, updates, regulatory compliance, or the protection of the rights of the Producer, the Partners, or third parties; (ii) there is reasonable cause to believe that the User or Partner is using the Software in violation of the License Terms, applicable laws, or instructions provided by the Producer; (iii) events occur that may compromise the security, integrity, availability, or proper functioning of the Software; (iv) the User or Partner fails to pay the license fee or any other amounts due by the relevant deadlines; or (v) suspension is requested by competent authorities or required by law. Such suspension shall not give rise to any liability on the part of the Producer and/or the Partners, nor shall it entitle the User to any indemnity, reimbursement, fee reduction, or compensation for damages. Where reasonably possible, the User shall be given prior notice of the suspension. However, the Producer and/or Partners reserve the right to proceed with immediate effect in urgent cases.
Pursuant to and the Article 1456 of the Italian Civil Code, the Producer and members of the ARTECO Commercial Network shall have the right to terminate the contractual relationship and revoke access and usage rights to the Software by written notice to the User or by a message displayed upon Software startup in the event of: (i) non-payment of the license fee or any other amounts due for more than 90 days after the relevant due date; (ii) use of the Software in violation of the License Terms or instructions provided by the Producer; (iii) use of the Software for unlawful purposes, or otherwise in breach of the law, public order, morality, and/or the rights of third parties; (iv) violation of the Software usage limitations, prohibition of sublicensing, distribution, decompilation, reverse engineering, or any other provision relating to the protection of the Software and its intellectual property rights.
In the event of termination or expiration of the License, for any reason whatsoever, the User shall immediately lose all rights of access to and use of the Software. The Producer reserves the right to seek compensation for any damages suffered.

Personal Data Protection

The activation and management of the License, as well as the possible provision of Services, involve the processing of the User’s personal data by the Producer and by members of the ARTECO Commercial Network. Such processing will be carried out, in compliance with the applicable data protection laws, solely for purposes related to the conclusion, execution, and management of the contractual relationship, the provision of Services, the fulfillment of legal obligations, and the protection of the Producer’s rights.
If, in the course of providing Services or carrying out support, maintenance, technical assistance, diagnostics, or vulnerability management activities, the Producer or a member of the ARTECO Commercial Network must process personal data on behalf of the User, such processing will be governed by a specific Data Processing Agreement (“DPA”), which sets out the methods of processing, rights, obligations, and responsibilities in accordance with Regulation (EU) 2016/679.
The User is responsible for ensuring compliance with data protection laws applicable to processing activities carried out through the Software in the country where the Software is installed or used.

Governing Law and Jurisdiction

These License Terms are governed by Italian law. Any dispute arising out of or in connection with these License Terms, the Software, or the Services shall be subject to the exclusive jurisdiction of the Court of Ravenna.

ARTECO DATA PROCESSING AGREEMENT (DPA)

This Data Processing Agreement (“DPA”) forms part of the agreement between Arteco Srl (“Arteco”, “Processor”) and the entity using Arteco software or services (“Customer”, “Controller”). This DPA applies where Arteco processes personal data on behalf of the Customer in connection with the provision of Arteco software, cloud services, or technical support.

1. Roles of the Parties

For the purposes of applicable data protection laws, including Regulation (EU) 2016/679 (“GDPR”), the Customer acts as Data Controller, while Arteco acts as Data Processor only when it processes personal data on behalf of the Customer.
Unless explicitly agreed otherwise, Arteco does not determine the purposes or means of processing personal data stored or processed through the Customer’s video surveillance systems.

2. Nature of Arteco Software

Arteco provides video management software (VMS) and related services that enable Customers to manage video surveillance systems.
Unless cloud services or remote support services are used, the software operates on infrastructure controlled by the Customer, and any personal data processed through surveillance systems remains under the sole control of the Customer. The Customer is solely responsible for ensuring compliance with applicable laws regarding video surveillance and personal data processing.

3. Scope of Processing

Arteco processes personal data on behalf of the Customer only in limited and specific contexts. In the case of cloud services, Arteco may process account-related information and authentication data. When technical support is requested, Arteco may temporarily access system logs, diagnostic information, configuration data, and only the limited system data strictly necessary to resolve technical issues. Additionally, Arteco systems may process technical telemetry data for purposes such as system performance monitoring, software diagnostics, and security monitoring.

4. Customer Responsibilities

The Customer represents and warrants that it has the legal right to collect and process personal data through its surveillance systems, provides appropriate privacy notices, determines the purposes and legal basis of processing, and configures the Arteco system in compliance with applicable laws.
The Customer remains solely responsible for the use of surveillance technologies and all data collected through them.

5. Confidentiality

Arteco ensures that any personnel authorized to process personal data are bound by appropriate confidentiality obligations.

6. Security Measures

Arteco implements appropriate technical and organizational measures in accordance with Article 32 GDPR. These include, among others, access controls based on roles, authentication management, encryption of communications, system monitoring and logging, vulnerability management, as well as backup and recovery procedures. Arteco also maintains internal security policies and provides staff training.

7. Personal Data Breaches

Arteco shall notify the Customer without undue delay upon becoming aware of a personal data breach affecting data processed on behalf of the Customer. Arteco will also provide reasonable assistance to enable the Customer to comply with its obligations under Articles 33 and 34 GDPR.

8. Sub-processors

The Customer authorizes Arteco to engage sub-processors for the provision of its services. Arteco ensures that any such sub-processors are subject to data protection obligations equivalent to those set out in this DPA.

9. International Data Transfers

Where personal data is transferred outside the European Economic Area, Arteco ensures that appropriate safeguards are in place, such as adequacy decisions, Standard Contractual Clauses, or other lawful transfer mechanisms.

10. Assistance to the Customer

Arteco shall, where reasonably possible, assist the Customer in responding to data subject requests, carrying out data protection impact assessments, and cooperating with supervisory authorities.

11. Return or Deletion of Data

Upon termination of the services, Arteco shall delete or return personal data processed on behalf of the Customer, unless retention is required by applicable law.

12. Audit

Arteco shall make available to the Customer all information necessary to demonstrate compliance with this DPA. Audits may be carried out upon reasonable notice and subject to confidentiality obligations.

13. Contact

For privacy-related inquiries:
Arteco Srl
Privacy Contact
[email protected]

Cancel

Necessary

Close

Cancel

Statistics

Close

Cancel

Targeting

Close