These terms are available in several languages. In case of discrepancy, the French version alone is authoritative.
1. Parties and scope
These General Terms and Conditions of Sale ("Terms") apply to every order of IO-Tech-Vision solutions, published by MASYCA, trading as IO-Tech-Vision, 7 passe du Tottoral, 33780 Soulac-sur-Mer, France, SIRET 538 826 447 00061, EU VAT FR58538826447, contact@iotechvision.com ("IO-Tech-Vision", "we").
The solutions are sold exclusively to professionals (opticians, hearing care professionals, optical and hearing centres, networks, chains and franchises) acting for the purposes of their business (the "Customer"). They are not sold to consumers.
Any order (online payment, signed quote or purchase order) constitutes full and unreserved acceptance of these Terms, which prevail over any other document of the Customer, including its purchasing conditions.
2. Solutions
3D Measurement: iPhone app for centering measurements (pupillary distances, heights, inset, gaze drop) using the iPhone depth camera.
Augmented reality: immersive "Vision", "Hearing" or combined journeys on a compatible headset (headset not supplied).
Anamnesis: needs-discovery questionnaire on tablet, with suggested solutions.
The solutions are professional aids and educational tools. They are neither an eye examination, nor a hearing test, nor a medical device. The Customer alone is responsible for validating measurements and for the advice given to its patients.
Built-in supplier product catalogues (manufacturers, networks, white-label products) are indicative and updated twice a year; product names are trademarks of their owners.
3. Licence
Each solution is granted as a non-exclusive, personal and non-transferable licence for one (1) installation on one (1) device, within the Customer's point(s) of sale. Each additional device requires an additional licence.
Customisation (logo, choice of suppliers and network) is carried out by the Customer after ordering. The Customer warrants that it holds the rights to the logo provided.
The software, its content (3D models, sounds, texts, videos) and its updates remain the exclusive property of IO-Tech-Vision. Copying, reselling, making available to third parties, decompiling or circumventing the licence control is prohibited.
4. Term — firm 3-year commitment
Each subscription is entered into for a firm and irrevocable initial term of thirty-six (36) months from the order (the "Commitment Period").
During the Commitment Period, no early termination is possible for any reason whatsoever, including cessation, sale or change of business, closure of the point of sale, non-use or change of device. The Customer remains liable for all amounts due until the end of the 36 months.
Stopping the direct debit, deleting the app, cancelling the payment method or cancelling the subscription in the payment portal does not terminate the contract: the instalments remaining until the end of the Commitment Period then become immediately due.
5. Automatic renewal
At the end of the Commitment Period, each subscription is automatically and tacitly renewed for successive periods of twelve (12) months, on the same terms and at the prices then in force.
The Customer may object to renewal by e-mail to contact@iotechvision.com or by registered letter, no later than three (3) months before the end of the current period. Failing this, the subscription is renewed and the new 12-month period is due in full.
IO-Tech-Vision informs the Customer by e-mail, at least one month before the objection deadline, of the expiry of its subscription.
The one-time payment option for 3D Measurement (3-year licence paid at once) is not renewed automatically; a renewal is offered to the Customer before it expires.
6. Prices, invoicing and payment
Prices are those in force on the order date, stated excluding taxes, in particular: 3D Measurement €4.90/month or €245 one-time; Augmented reality Vision or Hearing €30/month, Vision + Hearing €45/month; Anamnesis €4.90/month, free when 3D Measurement and Augmented reality are subscribed together, for as long as both are held.
Depending on the offer, the subscription is payable monthly or annually in advance by automatic debit via our payment provider Stripe. Invoices are issued and sent electronically and automatically at each due date.
VAT: French VAT applies in France and to EU customers without a valid VAT number; EU customers with a valid VAT number: reverse charge (art. 196 of Directive 2006/112/EC); outside the EU: VAT not applicable (art. 259-1 of the French Tax Code). Any local taxes are borne by the Customer.
Prices may be revised at each renewal; the new price is notified to the Customer at least three months before the objection deadline.
7. Late or failed payment
Any late payment automatically entails, without formal notice: penalties at three times the French statutory interest rate, a fixed recovery fee of €40 (art. L441-10 French Commercial Code), and the immediate payability of all amounts remaining due until the end of the current period.
IO-Tech-Vision may suspend access to the solutions eight (8) days after an unremedied payment failure. Suspension does not suspend the Customer's payment obligations.
8. Updates and support
Corrective and functional updates are included and deployed automatically. IO-Tech-Vision improves its solutions every day through exchanges with its users and may change their features without reducing their essential functions. Support by e-mail at contact@iotechvision.com on business days.
9. Customer obligations
The Customer uses a compatible device (iPhone with Face ID for 3D Measurement; compatible headset for Augmented reality; tablet with an up-to-date browser for Anamnesis), an internet connection for activation and updates, and complies with the regulations applicable to its profession and to its patients' data.
10. Personal data
3D Measurement processes images and measurements locally on the iPhone: no patient image is sent to IO-Tech-Vision. The in-store Anamnesis does not keep answers on our servers. Order and billing data are processed in accordance with our privacy policy (iotechvision.com/confidentialite.html). The Customer is responsible for the processing it carries out with its patients. The history of measurements and anamneses is kept only on the Customer's device: IO-Tech-Vision holds no copy of it. It is lost if the device is changed, lost or reset, if the app is deleted or if the browser data is erased. The Customer is responsible for exporting this data (PDF, CSV) to its practice software or its own archiving system.
11. Liability
IO-Tech-Vision is bound by an obligation of means. Its liability is limited to proven direct damage and capped at the amounts excluding tax paid by the Customer over the last twelve (12) months for the solution concerned. It is not liable for indirect damage (loss of turnover, customers or reputation), nor for the consequences of a measurement, advice or order of lenses or hearing aids validated by the Customer.
12. Force majeure
Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code. Payment of amounts due is not affected by force majeure.
13. Networks, chains and franchises
Group orders by a network, chain or master franchisee for its points of sale, and the integration of white-label products, may be subject to written special conditions, which prevail over these Terms for what they provide. Otherwise, each point of sale is bound for its own licences under these Terms.
14. Governing law and disputes
These Terms are governed by French law, including for customers established outside France; the United Nations Convention on Contracts for the International Sale of Goods is excluded. Failing amicable settlement within thirty days, any dispute falls under the exclusive jurisdiction of the Commercial Court of Bordeaux (France), including in the event of multiple defendants or third-party claims.
15. Changes to the Terms
IO-Tech-Vision may amend these Terms. The applicable version is the one accepted at the time of the order; any new version applies to the Customer from the following renewal.