VisionAppster Platform User Manual

• Platform

• VisionAppster Engine

  With VisionAppster Engine the User is allowed and enabled to run and execute only the content (.app) it has developed by VisionAppster Builder, licensed from VisionAppster Store and/or user interface application that has been developed with third-party software. Sublicensing and/or other than aforementioned use of VisionAppster Engine is subject to a separate agreement between the User and VisionAppster.

• VisionAppster Builder

  With VisionAppster Builder the User can build, test and integrate Components with other Components to create Integrated Components. The use of the Builder is free of charge but subject to VisionAppster Builder license agreement that the User is obliged to agree before the User is allowed to use the Builder.

• VisionAppster Cloud

  VisionAppster Cloud is one of the key features of VisionAppster Platform. With VisionAppster Cloud, User can manage its account and purchase different VisionAppster Products and Services such as Cloud Engine and different User Tiers. With VisionAppster Cloud, the User can also administer its sales and purchases on VisionAppster Store.

• VisionAppster Store

  VisionAppster Store consists of two different features, which are Selling and Purchase. To be able to purchase Components from VisionAppster Store, the User shall have a VisionAppster Cloud account. To be able to use the Selling Feature and to make its Components publicly available for other Users to license from VisionAppster Store, the User shall register a Seller account. As set forth in the Terms, the Components that are made available on the Store are licensed, not sold, and the terms "selling", "sell" and "seller" are used only for convenience.

  Want to know more about the Selling Feature? Check out Seller Manual
  
  Register as a Seller!

• VisionAppster Storage

  VisionAppster Storage enables the User to store specific User Content in the VisionAppster Cloud, included but not limited to Components which the User has built by using VisionAppster Builder licensed from VisionAppster, AI models, pictures, logos, product pictures, icons, video links, product description, Seller’s own EULA and Components and/or other material purchased from the VisionAppster Store. User may use this Service as a part of a Service Plan or purchase it separately.

• VisionAppster Cloud Engine

  VisionAppster Cloud Engine is a service that enables the User to run Components the User has developed by VisionAppster Builder or licensed under Usage based license from VisionAppster Store on VisionAppster Cloud. The use of Cloud Engine service is subject to a separate fee, as further described in this User Manual and service-specific site.

• VisionAppster Online Viewer

  VisionAppster Online Viewer enables the User to preview online the Components the User has developed with VisionAppster Builder. This Service may be free-of-charge or subject to separate fee depending on the User’s Tier, as further described in this User Manual and/or service-specific site.

• VisionAppster Forum
• How to start?

  To be able to use various of the aforementioned VisionAppster Platform Features, the User must register an account to VisionAppster Cloud. On the registration process, User needs to give us information depending on the feature the User is willing to start to use.

  How to open a VisionAppster Cloud account:
  1) Go to VisionAppster Cloud;
  2) Click "Sign up"
  2) Enter your email address;
  3) Choose a password and rewrite it;
  4) Read and agree to VisionAppster Cloud General Terms of Use;
  5) Go to your email and click the verification link sent to you;
  6) Check out your phone and fill the pin code we send to you to the indicated box;
  7) Start the VisionAppster journey with us!

• What information is User required to give to VisionAppster?

  When the User uses VisionAppster Cloud or its Features for the first time, the User is obliged to give information to VisionAppster as follows:
  
  ● Name
  ● Email address
  ● Password
  ● Mobile number
  ● Address, postal code, city and country of residence (for Store & Support Services)
  ● Credit card information or PayPal account information (for Store & Support Services)
  ● Business ID, if applicable (for Store & Support Services)
  ● VAT or other indirect tax number, if applicable (for Store & Support Services)
  
  The User will not be able to change its Tax status after the registration! If the User has a Tax ID Number, it needs to be given on the registration process.

• Acceptable Use of VisionAppster Platform

  Use of the VisionAppster Platform is subject to the Terms and VisionAppster Acceptable Use Policy.

  
  
  

• Services & Pricing

• Tiers and Service Plan Pricing for VisionAppster Cloud

  VisionAppster Cloud has four different User Tiers that include certain Products and Services as set forth in the service specific site and this User Manual. Prices for different Tiers are as follows:
  
  Free: Free of charge
  Developer: 29 € per month (Excluding Tax)
  Pro: 149 € per month (Excluding Tax)
  Enterprise: 990 € per month (Excluding Tax)

  Purchased Tier subscription remains in force for the duration of initial subscription period, and thereafter renews automatically, unless terminated by User in the User's VisionAppster Cloud account forty-eight (48) hours before the renewal of the subscription period. If User wants to change its Tier, the Tier upgrade shall come into effect immediately and the Tier downgrade shall come into effect in the beginning of the subscription period following the change.

• Tier Comparison

  VisionAppster provides various types of Products and Services for different Tiers as set forth below:

  Free 0 €	Developer 29 € (Excl. Tax)	Pro 149 € (Excl. Tax)	Enterprise 990 € (Excl. Tax)
  VisionAppster Builder	VisionAppster Builder	VisionAppster Builder	VisionAppster Builder
  VisionAppster Engine Unlimited	VisionAppster Engine Unlimited	VisionAppster Engine Unlimited	VisionAppster Engine Unlimited
  Forum Support	Forum Support	Forum Support	Forum Support
  	Cloud Engine / 1.000 requests included	Cloud Engine / 5.000 requests included	Cloud Engine / 10.000 requests included
  	4GB Online Storage	20GB Online Storage	50GB Online Storage
  		Online Viewer	Online Viewer
  		Online Support in 2 business days	Online Support in 1 business day
  			Online Builder
  			Contact Person
  			SLA

• Support Services

  Aforementioned Pro & Enterprise Service plans include Online Support from VisionAppster. In this purpose Online Support means:
  
  (i) Software maintenance releases and updates which VisionAppster generally provides to its support customers, upon its discretion, and no new features or customer-specific requirements are included; and
  (ii) Troubleshooting and problem diagnosis on best efforts basis, with the prerequisite that Customer has provided any information and material required by VisionAppster.

• Cloud Engine Pricing

  Cloud Engine service provided by VisionAppster is charged per one thousand (1000) API requests. In this purpose API request means every call that the application or other software makes to VisionAppster's Cloud Engine server. When the User uploads its Component to its Cloud account, VisionAppster will test the Component with a photo set to know the stress that the Component puts the Cloud Engine server under. After that VisionAppster will give the price for the thousand (1000) API requests. If the Component in question does not have a cropping feature in it, the User shall accept a floating price model for the usage of Cloud Engine. In that case the price will be based on the last thousand (1000) requests made for the Cloud Engine server.

  To be able to use the Cloud Engine service, the User shall top up its Cloud Balance and set a notification threshold in EUR for the Cloud Balance. VisionAppster will notify the User when the Cloud Balance reaches the threshold. If the Cloud Balance runs out, the Cloud Engine service stops from working.

  
  
  

• Payments & Taxes

• Payment rules

  Services and Features available in VisionAppster Platform may be free of charge or subject to separate fee. Possible fees are set forth on the service specified site and in this User Manual. VisionAppster may increase, modify or add new fees and charges for any of the services and/or Features from time to time by informing of such changes in the VisionAppster Cloud with a period of notice of at least thirty (30) days. User’s use of the specific Feature of VisionAppster Platform after the effective date of such change shall automatically mean that User has accepted the change.

  User shall be liable to pay any purchase which it has performed in the VisionAppster Cloud and commits to comply with any terms of payment provided by VisionAppster and/or third-party payment processor. User understands and agrees that any non-compliance with this obligation may lead to deactivating of User’s access to his/her account and for the use of VisionAppster Platform. Any purchases are non-refundable and final, unless otherwise required by applicable law.

  As regards certain services or Features, the fees and charges are only estimates based on assumptions. As regards such estimates, User shall be fully responsible for the accruing actual fees and charges.

• Billing

  User will be asked to provide customary billing information such as name, contact information, Paypal account information, VAT or other indirect tax number and other relevant information as required by VisionAppster or third-party payment processor, which may process the payments via VisionAppster Cloud. User understands and agrees that he/she may be subject to additional terms and conditions provided by such third-party payment processor.

  User represents and warrants that it is authorized user of the card associated with billing information provided by him/her. User authorizes VisionAppster or third-party payment processor to charge its credit card or otherwise process the payment. User shall be liable to pay any purchases it has made in the Store with given instructions.

• Taxes

  User shall be liable and agrees to pay any and all applicable taxes and duties.
  
  VisionAppster will collect from the User the applicable taxes that VisionAppster is obliged by applicable legislation. At the payment moment, the User will be shown how much tax does the total price include (if any).
  
  Any payments made via VisionAppster Cloud shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental tax authority, unless otherwise required by applicable law. Should the User be liable to make any such deduction, User undertakes to pay VisionAppster and VisionAppster is entitled to charge such additional amounts as are necessary to ensure VisionAppster’s receipt of the full amount that VisionAppster would have received without the deduction. VisionAppster shall be entitled to receive full information, including but not limited to any needed certification or documentation needed for the tax authorities. User shall be liable to refund VisionAppster for any damage or loss accrued due to User’s failure to comply with any of its obligations related to payment of taxes.

• Payment processing fee

  All payments made on VisionAppster shall include a payment processing fee (4,5%) that will be calculated based on the total transaction price of the product or service purchased (including taxes, if applicable) and added to the total price payable by the User.

• Where does the User get receipts for its purchases?

  Every time User makes a purchase in any of VisionAppster services, VisionAppster will send a receipt to the User's given email address. The receipt can also be found from the User's cloud account.

  
  
  

• Store

• Purchasing Components from VisionAppster Store

  When purchasing a Component from VisionAppster Store, the User has from one to three license options to choose from depending on the Seller's choice of licensing options under which the Seller has chosen to make its Component available. The possible licenses are following:
  
  1) Per seat license;
  2) Monthly subscription license; and
  3) Usage based license.

  All sales made at VisionAppster Store are final and non-refundable, unless otherwise required by applicable law.

  User is allowed to sublicense the original Seller's Component as a part of its Integrated Component with the license options the original Seller has provided its original Component.

• Per seat license

  Per seat is a license that can be installed and used on one device.

• Monthly subscription license

  Purchasing a Monthly subscription license means that the User purchases a license to use the Component for one month. The license renews automatically, unless it is terminated by User in the User's VisionAppster Cloud account forty-eight (48) hours before the renewal of the subscription period.

• Usage based license

  When User purchases Usage based license on the Store, the User shall determine the amount of Cloud Balance that the User is willing to purchase. That Cloud Balance is used to pay API requests made related to the Component(s) that the User has chosen so that only the usage shall be billed. The price of the specific Component's API requests consist of the license fee determined by the Seller including the VisionAppster Cloud Engine Service fee.
  
  To be able to use Components under the Usage based license, User must have enough Cloud Balance on its Cloud account. The purchased Cloud Balance is not allocated for a specific Component's API requests, but it can be used for multiple Components' Usage based licenses.
  
  User can top up its Cloud Balance anytime to ensure the functionality of the Usage based licenses chosen. User shall set a notice threshold for its Cloud Balance in EUR. VisionAppster will notice the User if the Cloud Balance reaches the notice threshold set.
  
  

• Validity of licenses

  Generally the licenses for different Components are valid within the major version number of the purchase moment. If the Seller updates the Component so that the major version number changes, the Licensee shall purchase new license for that version or continue to use the previously purchased version.

  Per seat licenses are valid permanently for the seat that the license is purchased.

  Monthly subscription licenses remain in force for the duration on initial subscription period, and thereafter renew automatically, unless terminated by User in the User's VisionAppster Cloud account forty-eight (48) hours before the renewal of the subscription period.

  Cloud Balance purchased for Usage based licenses remains in force for three hundred sixty-five (365) days from the purchasing date. Components that are activated under Usage based license remain in force for at least two hundred fourty (240) days after the activation.

• Subscriptions

  Any purchased subscription remains in force for the duration of initial subscription period, and thereafter renews automatically, unless terminated by User in the User's VisionAppster Cloud account forty-eight (48) hours before the renewal of the subscription period.

• Refunds

  All sales made on VisionAppster Platform are final and non-refundable, unless otherwise required by applicable law. In the event that a Licensee returns a Component and/or receives a refund, all rights granted herein and under the applicable EULA terminate and the Licensee is obliged to destroy any and all copies of the Component or accessory material under the control or possession of the Licensee.

  The reason for this is that it is almost impossible to guarantee the rights of the Seller with respect to the Components licensed and returned. Terms and conditions concerning refunds on Components, that are licensed from the Store, are the third-party payment processor’s standard terms and conditions.

• What if the Seller removes its Component from VisionAppster Store?

  If the Seller removes a Component from the Store, such Component will be removed from the Store’s Component selection within a time period of sixty (60) days. Despite the removal, license to Component granted before removal will remain at the use of the Licensees for the purpose of being integrated as part of Integrated Component for one hundred eighty (180) days after the Component has been removed from the Store’s Component selection.

  Different licenses act differently according to the nature of the licenses. The monthly subscription licenses and Usage based licenses remain in force for the time described above. Per seat licenses remain in force permanently with respect to their nature.

  
  
  

• General Legal Matters

• Term and Termination

  Both parties are entitled to terminate the Cloud Account and Cloud General Terms of Use for convenience by giving electronic or written notice to the other party ninety (90) days in advance. In the event of User’s breach of the VisionAppster Cloud General Terms of Use or any other Terms, VisionAppster may terminate User’s account with immediate effect. In such event VisionAppster shall be entitled to retain the User Content for the period of ninety (90) days, unless longer period is required by applicable law.

  The User may terminate its account via User's Cloud account following the instructions given therein.

  If the account is terminated, the rights granted to the User will immediately cease. All fees owed by the User to VisionAppster shall become immediately due. Due to termination, the User is not entitled to any refund of payments or compensation of any kind.

• Transferring the Agreement

  User may not assign any of its rights under any Terms without a written consent of VisionAppster. VisionAppster shall be entitled to transfer its rights arising under Terms in case of business transfer.

• Changes to Terms

  VisionAppster may update or alter Terms subject to its sole discretion. New version of the Terms shall be available in the website, which VisionAppster shall make available for the Users in minimum thirty (30) days prior to the effective date of such change or according to the applicable Terms, unless otherwise stated in service-specific Terms.
  
  Thereafter, the change shall automatically be effective. To be able to use different features of the VisionAppster Platform, the User must agree to the new Terms. If the User does not agree to the new Terms, the User is not allowed to use the Services.

• Intellectual Property Rights

  VisionAppster or its suppliers retain all rights not expressly granted in the Terms, including without limitation the title and interest to and in any and all VisionAppster products and services and modifications, amendments, enhancements or upgrades thereof and the accompanied documentation and all intellectual and industrial property rights and other proprietary rights.

  User also retains all rights not expressly granted in the Terms in and to the content the User has created using VisionAppster software and/or any content the User decides to post to the VisionAppster Cloud, Store and/or Website.

  Users acknowledge and agree that some Components or Integrated Components licensed on VisionAppster Store may include Components that are governed by applicable open source software licenses. Users shall be liable to study applicable third-party software or open source software terms, and to ensure that the Component / Integrated Component fits for the intended purposes of the User.

• Privacy and Data Protection

  VisionAppster takes the security of User's personal information very seriously and is committed to keeping them safe and secure. We advise Users to study VisionAppster Privacy Policy carefully to become familiar with our privacy practises.

  
  
  

• Communications & Customer Service

• Communications & Contact Information

  VisionAppster communicates to User about the Services and changes that are made to it through the Cloud dashboard, to the email address and/or to the phone number that the User has provided to VisionAppster upon registration to the Service or through the VisionAppster Forum.

  User is recommended to contact VisionAppster either through VisionAppster Forum or the Contact form on VisionAppster Website.

  Pro & Enterprise Tier Users have a possibility to open a support ticket on their cloud account to get online support.

July 16, 2019