Terms of Use

Last Revised: August [12], 2016

Picsoneye Segmentation Innovations Limited (Company registration number 09359462) and trading as Pixoneye Ltd., its subsidiaries and affiliates (“Pixoneye”, “we”, “our”, “Company”) welcome you (the “User(s)” or “you”) to our website at http://www.pixoneye.com/ (including its sub-domains) (collectively, the “Site”). Our Site offers basic information regarding our Company and our products. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

Our Site is a site operated by Picsoneye Segmentation Innovations Limited and trading as Pixoneye Ltd.  We are registered in England and Wales under company number 09359462 and have our registered office at 20 Air Street, London, England, W1B 5AN.

We are a limited company.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy  (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Pixoneye and you. IF YOU DO NOT AGREE TO THESE TERMS, (A) PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.

The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, if applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the right, authority, and capacity to enter into these Terms on your (and your organization’s behalf, if applicable) and form a binding agreement under English law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization (if applicable).

  1. The Site

 

The Site offers information regarding Pixoneye’s services, which include unique marketing and customer profiling solutions through Pixoneye’s Software Development Kits (“SDK”). The SDK, when integrated into a host app, can be utilized to target and personalize users through an image-understanding algorithm that can extract, segment and analyze consumer behavior patterns.

 

The Site may also provide you with comprehensive information regarding the SDK, the Company and its products or services, including any other content related thereto such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact our support team via the Contact Form available in our Site (“Contact Form“).

 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO PIXONEYE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.  The content is provided for general information only.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

 

PIXONEYE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.

 

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

 

NOTE: THESE TERMS GOVERN SOLELY YOUR USE OF THE SITE. THE USE OF THE SDK IS GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN THE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH USER.

 

Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

 

  1. Use Restrictions

 

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Pixoneye’s sole discretion) in the termination of your use of the Site and/or Content, and may also expose you to civil and/or criminal liability.

You may use our site only for lawful purposes.  Unless otherwise explicitly permitted under these Terms or in writing by Pixoneye, you may not (and you may not permit anyone to):

  • use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes;

 

  • remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Pixoneye or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
  • interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
  • interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
  • bypass any measures we may use to prevent or restrict access to the Site;
  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Pixoneye on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content;
  • copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Pixoneye’s proprietary rights, including Pixoneye’s Intellectual Property (as such term is defined below), in any way or by any means;
  • make any use of the Content on any other site or networked computer environment for any purpose without Pixoneye’s prior written consent;
  • create a browser or border environment around Pixoneye Content (no frames or inline linking is allowed);
  • sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content;
  • frame or mirror any part of the Site without Pixoneye’s prior express written authorization;
  • create a database by systematically downloading and storing all or any of the Content from the Site;
  • transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • use the Site for any purpose for which the Site is not intended; and/or
  • infringe and/or violate any of the Terms.
  1. Contacting us via the Site

You do not have to register with us in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form (http://www.pixoneye.com/contact/). The personal information that is collected and processed by us through the Contact Form is detailed in our Privacy Policy.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at (link to privacy policy) which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets (including without limitation the SDK) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Pixoneye  (“Feedback”), Pixoneye  shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Pixoneye’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Pixoneye to comply with any additional obligations with respect to any Pixoneye current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trading Names

“Pixoneye Ltd”, Pixoneye™, Pixoneye’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site, the Content and any of the Company’s proprietary assets (including without limitation the SDK) (“Company Trademarks”) are all trademarks and/or trading names of the Company, whether or not registered. All other trademarks, service marks, trading names and logos which may appear on the Site or any of the Compnay’s proprietary assets (including without limitation the SDK) belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Linking to Pixoneye’s Site and Links to Third Party Sites

 

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Pixoneye, and does not portray Pixoneye in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Pixoneye’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. Please see Clause 3 (Use Restrictions) for further information.

 

Certain links provided herein permit our Users to leave this Site and enter non-Pixoneye sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Site, Twitter and Instagram). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Pixoneye and Pixoneye is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Pixoneye is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Pixoneye reserves the right to terminate any link at any time. You further acknowledge and agree that Pixoneye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. Pixoneye does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Site

Pixoneye reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you.

You agree that Pixoneye shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

  1. Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND PIXONEYE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “PIXONEYE’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING THE SDK AND USE THEREOF SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH INDIVIDUAL USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). PIXONEYE AND PIXONEYE’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PIXONEYE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PIXONEYE, INCLUDING PIXONEYE’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF PIXONEYE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PIXONEYE OR PIXONEYE’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PIXONEYE OR PIXONEYE’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PIXONEYE’S AND PIXONEYE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO £10.00, WHICHEVER IS GREATER.

  1. Indemnification

You agree to defend, indemnify and hold harmless Pixoneye, including Pixoneye’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

 

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination of Site’s operation

At any time, Pixoneye may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Pixoneye under any applicable law.

Additionally, Pixoneye may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Pixoneye does not assume any responsibility with respect to, or in connection with the termination of the Site’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

  1. General

 

  • These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
  • These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.

 

  • You irrevocably agree, for the sole benefit of the Company that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause 16 shall limit the right of the Company to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  • These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Company and You.
  • No waiver by either the Company or You of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • NOTWITHSTANDING THE LIMITATION ACT 1980, YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
  • You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.

 

  • All correspondence relating to these Terms shall be written in the English language.
  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to office@pixoneye.com

 

Terms of Use

Last Revised: August [12], 2016

Picsoneye Segmentation Innovations Limited (Company registration number 09359462) and trading as Pixoneye Ltd., its subsidiaries and affiliates (“Pixoneye”, “we”, “our”, “Company”) welcome you (the “User(s)” or “you”) to our website at http://www.pixoneye.com/ (including its sub-domains) (collectively, the “Site”). Our Site offers basic information regarding our Company and our products. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

Our Site is a site operated by Picsoneye Segmentation Innovations Limited and trading as Pixoneye Ltd.  We are registered in England and Wales under company number 09359462 and have our registered office at 20 Air Street, London, England, W1B 5AN.

We are a limited company.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (link to privacy policy) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Pixoneye and you. IF YOU DO NOT AGREE TO THESE TERMS, (A) PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.

The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, if applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the right, authority, and capacity to enter into these Terms on your (and your organization’s behalf, if applicable) and form a binding agreement under English law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization (if applicable).

  1. The Site

 

The Site offers information regarding Pixoneye’s services, which include unique marketing and customer profiling solutions through Pixoneye’s Software Development Kits (“SDK”). The SDK, when integrated into a host app, can be utilized to target and personalize users through an image-understanding algorithm that can extract, segment and analyze consumer behavior patterns.

 

The Site may also provide you with comprehensive information regarding the SDK, the Company and its products or services, including any other content related thereto such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact our support team via the Contact Form available in our Site (“Contact Form“).

 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO PIXONEYE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.  The content is provided for general information only.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

 

PIXONEYE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.

 

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

 

NOTE: THESE TERMS GOVERN SOLELY YOUR USE OF THE SITE. THE USE OF THE SDK IS GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN THE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH USER.

 

Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

 

  1. Use Restrictions

 

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Pixoneye’s sole discretion) in the termination of your use of the Site and/or Content, and may also expose you to civil and/or criminal liability.

You may use our site only for lawful purposes.  Unless otherwise explicitly permitted under these Terms or in writing by Pixoneye, you may not (and you may not permit anyone to):

  • use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes;

 

  • remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Pixoneye or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
  • interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
  • interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
  • bypass any measures we may use to prevent or restrict access to the Site;
  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Pixoneye on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content;
  • copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Pixoneye’s proprietary rights, including Pixoneye’s Intellectual Property (as such term is defined below), in any way or by any means;
  • make any use of the Content on any other site or networked computer environment for any purpose without Pixoneye’s prior written consent;
  • create a browser or border environment around Pixoneye Content (no frames or inline linking is allowed);
  • sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content;
  • frame or mirror any part of the Site without Pixoneye’s prior express written authorization;
  • create a database by systematically downloading and storing all or any of the Content from the Site;
  • transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • use the Site for any purpose for which the Site is not intended; and/or
  • infringe and/or violate any of the Terms.
  1. Contacting us via the Site

You do not have to register with us in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form (http://www.pixoneye.com/contact/). The personal information that is collected and processed by us through the Contact Form is detailed in our Privacy Policy.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at (link to privacy policy) which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets (including without limitation the SDK) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Pixoneye  (“Feedback”), Pixoneye  shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Pixoneye’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Pixoneye to comply with any additional obligations with respect to any Pixoneye current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trading Names

“Pixoneye Ltd”, Pixoneye™, Pixoneye’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site, the Content and any of the Company’s proprietary assets (including without limitation the SDK) (“Company Trademarks”) are all trademarks and/or trading names of the Company, whether or not registered. All other trademarks, service marks, trading names and logos which may appear on the Site or any of the Compnay’s proprietary assets (including without limitation the SDK) belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Linking to Pixoneye’s Site and Links to Third Party Sites

 

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Pixoneye, and does not portray Pixoneye in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Pixoneye’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. Please see Clause 3 (Use Restrictions) for further information.

 

Certain links provided herein permit our Users to leave this Site and enter non-Pixoneye sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Site, Twitter and Instagram). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Pixoneye and Pixoneye is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Pixoneye is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Pixoneye reserves the right to terminate any link at any time. You further acknowledge and agree that Pixoneye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. Pixoneye does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Site

Pixoneye reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you.

You agree that Pixoneye shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

  1. Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND PIXONEYE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “PIXONEYE’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING THE SDK AND USE THEREOF SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH INDIVIDUAL USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). PIXONEYE AND PIXONEYE’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PIXONEYE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PIXONEYE, INCLUDING PIXONEYE’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF PIXONEYE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PIXONEYE OR PIXONEYE’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PIXONEYE OR PIXONEYE’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PIXONEYE’S AND PIXONEYE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO £10.00, WHICHEVER IS GREATER.

  1. Indemnification

You agree to defend, indemnify and hold harmless Pixoneye, including Pixoneye’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

 

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination of Site’s operation

At any time, Pixoneye may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Pixoneye under any applicable law.

Additionally, Pixoneye may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Pixoneye does not assume any responsibility with respect to, or in connection with the termination of the Site’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

  1. General

 

  • These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
  • These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.

 

  • You irrevocably agree, for the sole benefit of the Company that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause 16 shall limit the right of the Company to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  • These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Company and You.
  • No waiver by either the Company or You of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • NOTWITHSTANDING THE LIMITATION ACT 1980, YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
  • You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.

 

  • All correspondence relating to these Terms shall be written in the English language.
  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to office@pixoneye.com

 

Terms of Use

Last Revised: August [12], 2016

Picsoneye Segmentation Innovations Limited (Company registration number 09359462) and trading as Pixoneye Ltd., its subsidiaries and affiliates (“Pixoneye”, “we”, “our”, “Company”) welcome you (the “User(s)” or “you”) to our website at http://www.pixoneye.com/ (including its sub-domains) (collectively, the “Site”). Our Site offers basic information regarding our Company and our products. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

Our Site is a site operated by Picsoneye Segmentation Innovations Limited and trading as Pixoneye Ltd.  We are registered in England and Wales under company number 09359462 and have our registered office at 20 Air Street, London, England, W1B 5AN.

We are a limited company.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (link to privacy policy) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Pixoneye and you. IF YOU DO NOT AGREE TO THESE TERMS, (A) PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.

The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, if applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the right, authority, and capacity to enter into these Terms on your (and your organization’s behalf, if applicable) and form a binding agreement under English law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization (if applicable).

  1. The Site

 

The Site offers information regarding Pixoneye’s services, which include unique marketing and customer profiling solutions through Pixoneye’s Software Development Kits (“SDK”). The SDK, when integrated into a host app, can be utilized to target and personalize users through an image-understanding algorithm that can extract, segment and analyze consumer behavior patterns.

 

The Site may also provide you with comprehensive information regarding the SDK, the Company and its products or services, including any other content related thereto such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact our support team via the Contact Form available in our Site (“Contact Form“).

 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO PIXONEYE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.  The content is provided for general information only.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

 

PIXONEYE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.

 

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

 

NOTE: THESE TERMS GOVERN SOLELY YOUR USE OF THE SITE. THE USE OF THE SDK IS GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN THE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH USER.

 

Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

 

  1. Use Restrictions

 

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Pixoneye’s sole discretion) in the termination of your use of the Site and/or Content, and may also expose you to civil and/or criminal liability.

You may use our site only for lawful purposes.  Unless otherwise explicitly permitted under these Terms or in writing by Pixoneye, you may not (and you may not permit anyone to):

  • use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes;

 

  • remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Pixoneye or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
  • interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
  • interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
  • bypass any measures we may use to prevent or restrict access to the Site;
  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Pixoneye on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content;
  • copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Pixoneye’s proprietary rights, including Pixoneye’s Intellectual Property (as such term is defined below), in any way or by any means;
  • make any use of the Content on any other site or networked computer environment for any purpose without Pixoneye’s prior written consent;
  • create a browser or border environment around Pixoneye Content (no frames or inline linking is allowed);
  • sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content;
  • frame or mirror any part of the Site without Pixoneye’s prior express written authorization;
  • create a database by systematically downloading and storing all or any of the Content from the Site;
  • transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • use the Site for any purpose for which the Site is not intended; and/or
  • infringe and/or violate any of the Terms.
  1. Contacting us via the Site

You do not have to register with us in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form (http://www.pixoneye.com/contact/). The personal information that is collected and processed by us through the Contact Form is detailed in our Privacy Policy.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at (link to privacy policy) which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets (including without limitation the SDK) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Pixoneye  (“Feedback”), Pixoneye  shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Pixoneye’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Pixoneye to comply with any additional obligations with respect to any Pixoneye current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trading Names

“Pixoneye Ltd”, Pixoneye™, Pixoneye’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site, the Content and any of the Company’s proprietary assets (including without limitation the SDK) (“Company Trademarks”) are all trademarks and/or trading names of the Company, whether or not registered. All other trademarks, service marks, trading names and logos which may appear on the Site or any of the Compnay’s proprietary assets (including without limitation the SDK) belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Linking to Pixoneye’s Site and Links to Third Party Sites

 

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Pixoneye, and does not portray Pixoneye in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Pixoneye’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. Please see Clause 3 (Use Restrictions) for further information.

 

Certain links provided herein permit our Users to leave this Site and enter non-Pixoneye sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Site, Twitter and Instagram). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Pixoneye and Pixoneye is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Pixoneye is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Pixoneye reserves the right to terminate any link at any time. You further acknowledge and agree that Pixoneye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. Pixoneye does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Site

Pixoneye reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you.

You agree that Pixoneye shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

  1. Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND PIXONEYE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “PIXONEYE’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING THE SDK AND USE THEREOF SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH INDIVIDUAL USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). PIXONEYE AND PIXONEYE’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PIXONEYE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PIXONEYE, INCLUDING PIXONEYE’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF PIXONEYE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PIXONEYE OR PIXONEYE’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PIXONEYE OR PIXONEYE’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PIXONEYE’S AND PIXONEYE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO £10.00, WHICHEVER IS GREATER.

  1. Indemnification

You agree to defend, indemnify and hold harmless Pixoneye, including Pixoneye’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

 

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination of Site’s operation

At any time, Pixoneye may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Pixoneye under any applicable law.

Additionally, Pixoneye may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Pixoneye does not assume any responsibility with respect to, or in connection with the termination of the Site’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

  1. General

 

  • These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
  • These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.

 

  • You irrevocably agree, for the sole benefit of the Company that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause 16 shall limit the right of the Company to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  • These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Company and You.
  • No waiver by either the Company or You of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • NOTWITHSTANDING THE LIMITATION ACT 1980, YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
  • You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.

 

  • All correspondence relating to these Terms shall be written in the English language.
  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to office@pixoneye.com

 

Terms of Use

Last Revised: August [12], 2016

Picsoneye Segmentation Innovations Limited (Company registration number 09359462) and trading as Pixoneye Ltd., its subsidiaries and affiliates (“Pixoneye”, “we”, “our”, “Company”) welcome you (the “User(s)” or “you”) to our website at http://www.pixoneye.com/ (including its sub-domains) (collectively, the “Site”). Our Site offers basic information regarding our Company and our products. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

Our Site is a site operated by Picsoneye Segmentation Innovations Limited and trading as Pixoneye Ltd.  We are registered in England and Wales under company number 09359462 and have our registered office at 20 Air Street, London, England, W1B 5AN.

We are a limited company.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (link to privacy policy) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Pixoneye and you. IF YOU DO NOT AGREE TO THESE TERMS, (A) PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.

The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, if applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the right, authority, and capacity to enter into these Terms on your (and your organization’s behalf, if applicable) and form a binding agreement under English law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization (if applicable).

  1. The Site

 

The Site offers information regarding Pixoneye’s services, which include unique marketing and customer profiling solutions through Pixoneye’s Software Development Kits (“SDK”). The SDK, when integrated into a host app, can be utilized to target and personalize users through an image-understanding algorithm that can extract, segment and analyze consumer behavior patterns.

 

The Site may also provide you with comprehensive information regarding the SDK, the Company and its products or services, including any other content related thereto such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact our support team via the Contact Form available in our Site (“Contact Form“).

 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO PIXONEYE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.  The content is provided for general information only.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

 

PIXONEYE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.

 

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

 

NOTE: THESE TERMS GOVERN SOLELY YOUR USE OF THE SITE. THE USE OF THE SDK IS GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN THE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH USER.

 

Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

 

  1. Use Restrictions

 

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Pixoneye’s sole discretion) in the termination of your use of the Site and/or Content, and may also expose you to civil and/or criminal liability.

You may use our site only for lawful purposes.  Unless otherwise explicitly permitted under these Terms or in writing by Pixoneye, you may not (and you may not permit anyone to):

  • use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes;

 

  • remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Pixoneye or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
  • interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
  • interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
  • bypass any measures we may use to prevent or restrict access to the Site;
  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Pixoneye on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content;
  • copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Pixoneye’s proprietary rights, including Pixoneye’s Intellectual Property (as such term is defined below), in any way or by any means;
  • make any use of the Content on any other site or networked computer environment for any purpose without Pixoneye’s prior written consent;
  • create a browser or border environment around Pixoneye Content (no frames or inline linking is allowed);
  • sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content;
  • frame or mirror any part of the Site without Pixoneye’s prior express written authorization;
  • create a database by systematically downloading and storing all or any of the Content from the Site;
  • transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • use the Site for any purpose for which the Site is not intended; and/or
  • infringe and/or violate any of the Terms.
  1. Contacting us via the Site

You do not have to register with us in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form (http://www.pixoneye.com/contact/). The personal information that is collected and processed by us through the Contact Form is detailed in our Privacy Policy.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at (link to privacy policy) which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets (including without limitation the SDK) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Pixoneye  (“Feedback”), Pixoneye  shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Pixoneye’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Pixoneye to comply with any additional obligations with respect to any Pixoneye current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trading Names

“Pixoneye Ltd”, Pixoneye™, Pixoneye’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site, the Content and any of the Company’s proprietary assets (including without limitation the SDK) (“Company Trademarks”) are all trademarks and/or trading names of the Company, whether or not registered. All other trademarks, service marks, trading names and logos which may appear on the Site or any of the Compnay’s proprietary assets (including without limitation the SDK) belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Linking to Pixoneye’s Site and Links to Third Party Sites

 

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Pixoneye, and does not portray Pixoneye in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Pixoneye’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. Please see Clause 3 (Use Restrictions) for further information.

 

Certain links provided herein permit our Users to leave this Site and enter non-Pixoneye sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Site, Twitter and Instagram). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Pixoneye and Pixoneye is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Pixoneye is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Pixoneye reserves the right to terminate any link at any time. You further acknowledge and agree that Pixoneye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. Pixoneye does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Site

Pixoneye reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you.

You agree that Pixoneye shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

  1. Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND PIXONEYE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “PIXONEYE’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING THE SDK AND USE THEREOF SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE LICENSING AGREEMENT BETWEEN PIXONEYE AND EACH INDIVIDUAL USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). PIXONEYE AND PIXONEYE’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PIXONEYE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PIXONEYE, INCLUDING PIXONEYE’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF PIXONEYE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PIXONEYE OR PIXONEYE’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PIXONEYE OR PIXONEYE’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PIXONEYE’S AND PIXONEYE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO £10.00, WHICHEVER IS GREATER.

  1. Indemnification

You agree to defend, indemnify and hold harmless Pixoneye, including Pixoneye’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

 

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination of Site’s operation

At any time, Pixoneye may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Pixoneye under any applicable law.

Additionally, Pixoneye may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Pixoneye does not assume any responsibility with respect to, or in connection with the termination of the Site’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

  1. General

 

  • These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
  • These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.

 

  • You irrevocably agree, for the sole benefit of the Company that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause 16 shall limit the right of the Company to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  • These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Company and You.
  • No waiver by either the Company or You of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • NOTWITHSTANDING THE LIMITATION ACT 1980, YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
  • You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.

 

  • All correspondence relating to these Terms shall be written in the English language.
  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to office@pixoneye.com