PimEyes' Terms and Conditions of Useversion September 3 2020
Please read carefully below terms and conditions, 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 behalf.
Consent - permission to process 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.
II. Term 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 (expect for the services with free test periods).
- The agreement is concluded for a specified term. The agreement expires at the moment of the expiry date of a given service if the Client fails to pay the fee to the Operator for a subsequent period of subscription of the service within the required term.
- 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. However, in the case of services provided to Consumers, after termination of the agreement the Consumer has the right to reimburse the amount of remuneration in proportion to the period until the end of the agreement less the expenses paid on behalf of the Client to the Registrars or other operators. Reimburse is is not possible if the Consumer has performed at least one premium search.
- 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 Client needs to agree to the processing of his 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 available 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 search by face image to search the Internet for photos containing the User's face - to check on which pages the User's image is used.
- PimEyes premium service is available in different packages, with grants the User access for premium membership for a specific time period described on the Website for unlimited searches performed manually by the User.
- All premium packages unlock all search results locked in free version and gives access to all custom search filters available on the Website.
- Chosen packages give access to additional PimEyes Alerts service which allows the User to enable email notifications for a given search query. Each saved notifications is valid untill the end of the bought package.
V. Payments and settlements
- Available payment methods are handled by a merchant of record (FastSpring, PayPal). Your transaction history is in the user’s panel.
- 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.
VI. 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, search results website address, and connected with it content.
- 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.
VII. 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.
- The Client agrees to receive VAT invoices by electronic means of communication.
- 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.