PimEyes' Terms and Conditions of Useversion December 23 2020
Please read carefully the terms and conditions below, as they are legally binding if you decide to use PimEyes.
Operator - Face Recognition Solutions Ltd., with its registered seat in House of Francis, Room 303, Ile Du Port, Mahe, Seychelles.
Website - PimEyes service and PimEyes.com website belonging to the Operator and enabling the placement of orders for the services provided by the Operator, either directly or indirectly.
Client - a natural person, legal person or an organizational unit without legal personality with the ability to assume obligation on its own and acquire rights, using the services provided by the Operator.
Consumer - a Client who is a natural person and uses services with the aim not directly related to the conducted business or professional activity.
User - a person who has visited or is using the Website
FastSpring, PayPal - merchant of record (MOR) that is authorized, and held liable, by a financial institution to process consumer’s credit card and debit transactions on the Operator’s behalf.
Consent - permission to process biometric data in the form of a photo of the User’s face. This is done in order to search the Internet for photos containing the User’s face and check on which pages the User’s image is used.
PimEyes’ Alerts - a service that is used to notify Users about newly-found results with faces similar to the ones they have set the Alert for.
PimEyes’ Guard - a service that automatically blocks photos from being displayed in the PimEyes’ search results if they match the picture that has been uploaded to the service.
PimEyes’ “Erase me” - a service that consists of drafting and sending the DMCA and GDPR Takedown Notices on the Client’s behalf in order to have the photos that the Client has chosen and that have been blocked by the PimEyes’ Guard removed from external websites. Sending the DMCA Takedown Notice and GDPR Takedown Notice requires the Client’s personal data. Sending takedown notices without personal data is impossible.
PimEyes’ API - a protocol that allows the Client to access the face-recognition search software created by the Operator in order to use it in external applications.
Deep Search - a mechanism of searching data more thoroughly, including additional neighboring datasets.
II. Terms of agreement
- The agreement shall be deemed concluded upon the completion by the Client of the order form available on the Website, registration on the Website, or activation of any service and receipt of the form by the Operator. The Client has the right to use the purchased services upon making all the required payments to the Operator.
- The agreement is concluded for a specified term. The agreement is terminated upon the expiration of the service should the Client fail to pay within the required term for a subsequent period of the subscription.
- The agreement may be terminated unilaterally by the Client at any time without giving reasons. In this case, the Client is not entitled to the reimbursement of the fees previously paid to the Operator or any additional remuneration.
- The agreement may be terminated unilaterally by the Operator with stated reasons in the event of:
- Payment arrears for the use of services provided by the Operator,
- Provision of incomplete or incorrect personal data by the Client,
- Clear breach of the provisions of these Terms and Conditions,
- Clear violation of the law.
III. Use of services
- E-mail correspondence is the primary channel of communication between the Operator and the Client. The Operator is not responsible for the consequences of failure to extend the service validity period or failure to deliver other important messages, resulting from the failure to deliver appropriate notifications to the specified e-mail address of the Client.
- In order to use the service, the User/the Client needs to agree to the processing of his biometric data in the form of a photo of the User’s face in order to search the Internet for photos containing the User's face - to check on which pages the User’s image is used (“the Consent”).
- The Client agrees to use the services provided by the Operator in a manner not affecting the rights of third parties (personal rights, copyrights), good manners, generally applicable principles of international law.
- If the Client registers services on someone else's behalf he is responsible for the existence and scope of the authorization granted by the third party for the purpose of registration of services.
- The Operator provides the Client with free technical support during the term of the agreement by making instructions on websites and enabling e-mail contact between the Client and the Operator.
IV. Scope of service
- The Operator gives access to PimEyes premium service, which allows searching the Internet for photos containing the User’s face in order to check on which pages the User’s image is used.
- A free, non-registered User can perform up to 3 searches and have the results displayed without the possibility to unlock them.
- A free, registered User can perform up to 10 searches and have the results displayed without the possibility to unlock them.
- A premium User with the Open Plus subscription can perform up to 25 searches, display and unlock all the search results, set up to 3 PimEyes’ Alerts.
- A premium User with PROtect subscription can perform up to 25 searches, display and unlock all the search results, set up to 15 PimEyes’ Alerts, set 1 PimEyes’ Guard, and report any or all of the results blocked by the Guard using the PimEyes’ “Erase me ” service.
- A premium User with the Advanced subscription can perform an unlimited amount of searches, display and unlock all the search results, set up to 500 PimEyes’ Alerts, use search filters, perform Deep Searches, use PimEyes’ API.
- Premium access is granted for a specific time period defined on the Website (a month or a year).
- Upon cancelling their subscription, the User loses their premium access. The User can un-cancel their subscription up until its termination.
V. Payments and settlements
- Available payment methods are handled fully by a merchant of record (FastSpring, PayPal).
- In any case, when referring to the time of payment for services, it shall be understood as the moment when the positive payment is recorded on a merchant of record’s account.
- Each transaction history is fully managed by the Operator and is available in the User’s panel.
- Invoices are generated on demand by the FastSpring (if the merchant of record is FastSpring) or by the Operator (if the merchant of record is PayPal).
- The Client agrees to receive invoices by electronic means of communication.
- Refund is performed after the termination of the agreement.
- Refund is possible only for the last order.
- Refund is not possible if:
- the Open Plus Client has performed at least one premium search, or has at least one active Alert in the period for which he or she claims the refund.
- the PROtect Client has performed at least on premium search, or has at least one active Alert, or has active Guard, or has ordered sending the Takedown Notice in the period for which he or she claims the refund.
- the Advanced Client has performed at least one premium search or API search, or has at least one active Alert in the period for which he or she claims the refund.
VII. PimEyes’ API
- Requirements for using PimEyes’ API
- Using API requires creating an account and having a positive balance.
- Topping up the balance is possible by choosing and ordering one of the credit packages from the options available in the user’s panel.
- Credits from the balance are used to perform 2 types of requests: uploading images (the Face Recognition call) and searching PimEyes’ database (the Reverse Face Search call). Each of these requests is priced based on levels. Information about the Client’s current price level is available in the user’s panel.
- Settling credits for requests is calculated based on a progressive price list. There are 13 price levels (from 0 to 12). The Client reaches a given level when they use up the limit of requests specified on the previous level. The price is calculated anew every month from level 0.
- Information about the number of requests necessary to reach a certain price level is specified in the “Progressive Prices” table in the user’s panel.
- The technical requirements that the Client must meet are specified in the technical documentation available here: https://pimeyes.com/en/api-docs/index/v1.
- Access to PimEyes’ API is granted after purchasing the Developer package (a one-time payment).
- The payment made by purchasing the Developer package is added up to the Client’s balance in the form of 100 API credits.
- Once purchased, access to PimEyes’ API is granted forever.
VIII. Operator’s liability and complaints
- The Operator shall provide services correctly as described on the Website.
- The Operator is not responsible for search results quality, website addresses connected to those results, and content on these websites.
- The Operator cannot guarantee that a similarity level of each search result will be consistent with real status.
- E-mail communication channel requires the use of understandable English.
IX. Final provisions
- The Client is aware of the risks associated with the use of the service and the related necessity to use passwords at the appropriate level of security (we suggest to use a strong password, consisting of at least 8 characters and containing small lowercase and uppercase letters as well as numbers or special characters), protection of local and remote computer systems against unauthorized access by third parties and the use of virus protection systems to protect against malware.
- The Operator reserves the right to make changes to these Terms and Conditions. These Terms and Conditions come into force on the date of their publication on the website of the Operator and since that time they shall be applied to newly signed or renewed agreements with the Operator.
- Changes in the contents of the appendices and supporting documents do not constitute a change in the contents of these Terms and Conditions and the agreement.
- For the purpose of the performance of these Terms and Conditions and the agreement, the Common law shall apply. In the case of any disputes relating to these Terms and Conditions law provisions, including the provisions of the Civil Code and relevant laws shall apply.
- Any legal disputes between the Operator and the Client shall be settled by a common court having jurisdiction over the seat of the Operator.