This Terms of service (“Terms of Service”) contain the general terms and conditions that govern Your use of the website https://pimeyes.com (“Site”) and its services, collectively referred to as the “Services”. You, the consumer of the Site (with or without having an account) (“You” or “User”), are legally bound by this agreement, which is entered into between You and the owner of the Site, Carribex LTD (“Pimeyes”, “We”, “Us” and terms of similar meaning).

This Agreement should be read in conjunction with the Privacy Policy, which can be found at Privacy Policy, and both documents together constitute a legally binding agreement. By using our Services, you acknowledge that you have read and understood this Terms of Service and agree to be bound by its terms.

1. Description of Services

1.1. Services available for Users (without having an account):

(a) We provide You with 3 times free of charge access to the PimEyes platform, a sophisticated tool which allows You the possibility to conduct comprehensive scans of online spaces to ascertain the presence and utilisation of Your image on various open websites.

1.2. List if Services for Users (with account):

(a) Open Plus User (“Open Plus”), You are entitled to a daily quota of 25 searches, allowing you to swiftly retrieve and display the sources of your results. This includes website addresses, featuring images of You and links to source images, providing a comprehensive and unparalleled experience. Furthermore, You are empowered to configure up to following possibility: three times experience the service, that notifies Users of newly discovered results featuring faces, User has set an Alert for (the “PimEyes’ Alerts”), thereby ensuring You remain informed and in control of Your online presence.

(b) PROtect User (“PROtect”) is equipped with the capability to conduct a maximum of 25 daily searches, which provides You with the ability to display and access the sources of Your results. These sources include open website addresses that contain Your photographs and links to the source images. Additionally, the User has the ability to configure up to 15 PimEyes' Alerts, as well as establish a single Service that automatically excludes search results from publicly available searches, if they match the picture uploaded to the service (the “PROtect Image”). Furthermore, the User has the option to report any or all of the results obtained through the use of the Takedown Requests service (detailed overview of this service described in part “d” of this article), which serves as a mechanism for ensuring the protection of Your online identity and privacy.

(c) Advanced User (“Advanced”), one is granted unlimited search capabilities, along with the ability to display and access the source material of Your search results. This includes access to open website addresses featuring photos of the User, as well as links to source images. In addition, an Advanced User has the capacity to establish up to 500 PimEyes Alerts and utilize search filters for enhanced accuracy. It is important to note that the manner in which an Advanced User performs searches should not negatively impact the search quality for other Users. To ensure fairness, We will monitor activity for any violations of fair usage and may temporarily suspend the User's search privileges if necessary.

(d) Take Down Service (“Takedown”), service comprising the drafting and transmission of DMCA and GDPR takedown notices on behalf of the User, with the aim of having photos selected by the User removed from external websites. Please note, that this service requires User to fill in this form as well.

(e) One-time access, allowing you to swiftly retrieve and display the sources of your results. This includes website addresses, featuring images of You and links to source images.

2. Use of Services

In order to utilize the service effectively and understand what kind of data We process, You must have full understanding of Our Privacy Policy and give explicit consent to process Your personal data as described in Privacy Policy.

In order to be able to fully enjoy Services you have chosen, We would like to inform You of the following important circumstances:

• During registration on the Site, You must indicate valid contact information (such as: e-mail address) and in case of change, You must accurately and promptly update Your contact information in the system, since We must have the possibility to contact You in case of such need. We shall not be held accountable for any detrimental outcomes that may arise from the inability to deliver notifications regarding the extension of Service validity or other critical information. Failure to receive such notifications due to inaccurate contact information will absolve Us from any kind of liability that may possibly arise from this.

• You must understand that We represent only the search engine and We bear no responsibility for the quality of search results, the websites associated with those results, or the content housed within these sites.

• We try Our best to provide You with the best experience, but cannot guarantee, that the level of similarity between each search result and its actual status will remain consistent.

• User should use the Services solely for private, personal, and legitimate consumer purposes, in accordance with the principles of good manners and etiquette. It is Your obligation to furnish only Your personal photograph. You are obliged to furnish the photograph of a third person (other than You), if it is in compliance with the applicable legal norms.

• You must understand that privacy means a lot to Us, thus We reserve the right to monitor User’s searches. You agree not to use the Services for any illegal activities. Any such use will be regarded as a violation of this Terms of Service, and We may immediately terminate this Terms of Service and revoke your access to the Services. We reserve the right to block your account and/or IP address from Our Site and cooperate with law enforcement authorities or court orders to disclose the identity of anyone using the Services for illegal activities, listed below. No refund will be provided in such circumstances and We may seek for monetary damages against You.

• As described in Our Privacy Policy We utilize cookies to enhance User experience and provide personalized content.

Activities regarded as illegal for this Terms of Service (please take into account that this list of activities is not full and is subject to an increase, in particular in the part of the prohibited activities defined by the relevant legislation):

a. Illegal, unauthorized, or improper purposes that would violate this Terms of Service or breach any laws or regulations or infringe on any third-party rights.

b. Legal, copyright, trademark, watermark, or other proprietary rights violation.

c. Violation of Our procedures, policies, or regulations.

d. Transmition of any viruses, defects, or any items of a destructive nature through your use of the Services.

e. Use the Services for any unlawful, invasive, infringing, defamatory, or fraudulent purpose (including but not limited to threatening, stalking, spying, bullying and etc.).

3. Term and Termination

This Terms of Service will commence once You agree to This Terms of Service and Our Privacy Policy terms. It will remain in effect until terminated by You or Us in accordance with the terms outlined below.

• You may terminate this Terms of Service unilaterally for any reason and without justification, at your convenience, in case of this You are not eligible for reimbursement of any fees paid to Us.

• Pursuant to the provisions of this Terms of Service, We retain the right to unilaterally, for any reason and without justification, at Our discretion, at any time terminate Terms of Service for the following justifications:

(a) If You use the Site in a manner that disturbs or jeopardizes the provision of Service;

(b) You are in default of your payment obligations.

(c) Your activity is in clear contravention with applicable law, with the norms established in this Terms of Service and/or our Privacy Policy.

(d) You violate, infringe, or misappropriate the rights of any third party.

(e) Provision insufficient or inaccurate personal information by the User, which makes it impossible to which makes it impossible to provide You with the Services.

If this Terms of Service is terminated for any reason, you will still be responsible for paying any fees, charges, or other obligations that you have incurred up until the date of termination. Additionally, all of your rights under this Terms of Service will cease to exist immediately.

4. Payments and settlements

For detailed information about pricing for Open Plus, PROtect and Advanced Users You may see the link.

All payments must be made in advance, before using the Services. To avoid any disruptions in Services, upon termination of Your subscription, the User is entitled to utilize the Services until the conclusion of the current billing cycle. Once the billing period has expired, the User will no longer have access to the source of the results.

To ensure the secure processing of online payments for our Users, PimEyes engages the services of a reputable third-party entities (“Entities”), such as: LemonSqueezy and FastSpring, which acts as a merchant of records. The responsibility for the administration and management of the available payment methods is solely vested in the hands of the designated merchant of record. With regards to the stipulated period for the remuneration of services rendered, it is imperative to comprehend that the decisive moment of payment occurs when the positive financial transaction is recorded and acknowledged in the account of the designated merchant of record.

User, through executing this Terms of Service, consents to receiving invoices electronically through approved means of digital communication.

5. Refunds

Refund eligibility is contingent upon the type of subscription (Open Plus, PROtect and Advanced) held. The specific conditions for each subscription type must be carefully considered in order to determine refund feasibility.

1. It is incumbent upon the User to note that the option for a refund is exclusively applicable for orders placed within the preceding calendar month, relative to the month in which the User has submitted a request for the said refund.

2. Refund eligibility is precluded in the following circumstances:

• The Open Plus User has executed at least a single search query or has established a minimum of one alert that remains active during the timeframe for which User is seeking a refund.

• The PROtect User has executed at least a single search query, established a minimum of one alert, has an active PROtect Image, or has placed an order to send a Takedown Notice during the timeframe for which User is seeking a refund.

• The Advanced User has executed at least a single search query or has established a minimum of one alert that remains active during the timeframe for which User is seeking a refund.

• User has opted to delete their account, thereby rendering them ineligible for a refund.

• User has committed illegal activities listed in this Terms of Service or committed other kinds of activities which directly contradict with applicable law, this Terms of Service or Our Privacy Policy.

3. In the rare event of exceptional circumstances, We reserve the right to assess each refund request on an individual basis, using the principles of good faith and ethical business practices as guiding criteria in the evaluation process.

6. Limitation of Liabilities

We make no guarantee regarding the reliability of the Services or the security of user data, despite our best efforts. The Service is provided on an "as is" basis, and you agree that you will not hold Us responsible or seek compensation for any damages, including loss of use, data, or profits, arising from the performance or failure of the Services.

We do not control or take responsibility for any data, content, services, or products (including software) that you access, download, receive, or purchase while using our Services. You agree not to hold Us liable or seek compensation if confidential material is inadvertently released due to a security failure or vulnerability in the Services.

We will attempt to ensure that the Services are available at all times, but the coverage, speed, server location, and quality of our Services may vary. We are not responsible for any data, messages, or pages lost, delayed, not delivered, or misdirected due to interruptions or performance issues with our Services. We reserve the right to impose usage or service limits, suspend service, or block certain types of usage at Our discretion.

Our Services may contain links to other websites that may be of interest to you. However, We are not responsible for the content of any linked website, and external sites are subject to their own terms and conditions and privacy policies.

We may make improvements and changes to the Services without prior notice.

You are responsible for keeping Your account information secure and confidential. You are solely responsible for all activity on your Account and for any damage that results from the use of the Site, including but not limited to any damage to Your computer system or loss of data. If you suspect that someone has accessed your Account without authorization, or if any of your passwords have been compromised, you must notify Us immediately through our support form contact form so that We can take appropriate action.

7. Indemnification

You agree to indemnify and hold harmless Pimeyes, its affiliates, and their respective directors, officers, employees, third-party contractors and agents from any and all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising from or related to your use of the Services, your violation of this Agreement, or your violation of any third-party rights, including but not limited to intellectual property rights.

8. Modifications to Terms of Service

We, within the limits of applicable law, reserve the right to review and change these Terms and Conditions at any time. Review it occasionally so that you keep up-to-date on our most current practices. You are responsible for regularly reviewing these Terms of Service. Continued use of the Service after such changes shall constitute your consent to such changes.

9. Applicable Law

These Terms of Service shall be governed in all respects by the applicable laws of Belize. Any controversy, claim, or dispute arising out of or relating to the Terms of Service shall be subject to the jurisdiction of the competent courts of Belize, the jurisdiction of the Belize courts being expressly reserved.

10. Final Provisions

1. In order to ensure the proper utilization of the service, User hereby attests to having the necessary hardware, including an internet-enabled device, internet connectivity, and requisite software, specifically a web browser that is capable of supporting HTML, CSS, and JavaScript technologies.

2. User acknowledges the inherent risks associated with utilizing the service and is responsible for implementing appropriate security measures, such as using strong passwords, consisting of a minimum of 8 characters and incorporating a combination of lowercase and uppercase letters, numerical characters, and special characters.

3. User is responsible for safeguarding their local and remote computer systems against unauthorized access by third parties and employing antivirus software to protect against malware.

4. The contact form communication channel is to be used exclusively in the English language, to ensure proper understanding and communication.

For inquiries regarding the terms of service, please direct them to Carribex LTD at the following address: New Horizon Building, Ground Floor, 3 1/2 Miles Philip S.W. Goldson Highway, Belize City.

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