Last amended: 18th September 2018
You are only allowed to use the Site if you:
- have the legal capacity to enter into this Licence – both on behalf of yourself and, if you are part of an organisation or if the SDK is installed or running on property of an organisation, also on behalf of that organisation (the “Organisation”);
- You possess the right, authority, and capacity to enter into this Agreement (and, if applicable as above, also on the Organisation’s behalf):
- can form a binding agreement under English law;
- to perform fully your obligations as listed in this Agreement;
1 About Us
Pixoneye is the owner and developer of a unique and proprietary technology enabling a high-level characterisation of applications users on mobile devices applications by analysing user-media found the mobile device in order to provide a key to understanding the dynamic needs of users’ taxonomy, classification, demographics, hobbies, occupation and lifestyle. Pixoneye’s solution and services offer application publishers predictions, recommendations and high precision insights regarding their applications’ users and allows them, among others, the management of users, creation of audiences and accuracy in advertising (the “Services”).
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 12.
2. About this site
2.1. The Site offers information regarding the Services.
2.2. If you register (in accordance with Section 3 below), you may also access the Dashboard. The use of the Dashboard may be subject to further terms.
2.3. You may access the Site only through our app, standard web and mobile browsers, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
2.4. We reserve the right to prevent you from using the Site and the Services (or any part of them).
3. Registering with Us and Your Account
3.1. You may need to register to use the Dashboard and to access many of the Services. You register with us so you can have continued access to the data extracted by our SDK from the Users.
3.2. Subject to any agreement between you and us, we reserve the right to decline a new registration or to cancel an Account at any time.
3.3. To register you need to supply us with your name, email address, and possibly some other personal information. In order to use the Dashboard, you may be required to supply us with further information about your Connected Apps.
3.4. During registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
3.5. All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to re-validate their Accounts if we believe they have been using an invalid email address.
3.6. Pixoneye may contact you to help you with integrating the SDK into your Connected Apps and associate your Dashboard with your apps. we may also send you administrative and promotional emails. We may also send you information regarding your Account activity, as well as updates about our Site and Services or other promotional offers. You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
4. Standards and Pixoneye’s Limitation of its Liability
4.1. Pixoneye always tries its best at what it does and promises that:
4.1.1 we will exercise reasonable care and skill in performing our obligations under this Agreement; and
4.1.2 we will not contravene the requirements of professional diligence in what we do.
4.2. This section 4 takes precedence over all other sections in this Agreement set forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
4.3. Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us; or (iv) any Liability which cannot be excluded or limited by applicable law.
4.4 Notwithstanding Clause 4.3, we are never liable for:
4.4.1. loss of income or revenue;
4.4.2. loss of actual or anticipated profits;
4.4.3 Indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
5. Your Obligations
5.1. You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
5.2. Without limitation, you undertake not to:
5.2.1. upload, send or receive any material, including during Registration, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.2.2. Upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
5.2.3. use the Services or the Dashboard for any fraudulent purpose.
5.3. The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
5.3.1. furnish false data including false names, addresses and contact details;
5.3.2. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probe the security of other;
5.3.3. access the Services or Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
5.3.4. execute any form of network monitoring which will intercept data not intended for you;
5.3.5. enter into fraudulent interactions or transactions with us, which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party;
5.3.6. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
5.3.7. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site; or
5.4. The Services and use of the Site do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
6. Rules About Use of The Services and The Site
6.1. We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.
6.2. Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
6.3 We reserve the right to close your Account if you are violating this Agreement, including if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a you pretend to be located in a country different from where you actually reside, or if you disrupts the Site or the Services in any way.
7. Suspension and Termination
7.1 If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of these T&C, we may suspend your use of the Services and/or Site (in whole or in part).
7.2 If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
7.3 Pixoneye shall fully co-operate with any law enforcement authorities or court order requesting or directing Pixoneye to disclose the identity or locate anyone in breach of this Agreement.
7.4 Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate our relationship with you under this Agreement immediately if:
7.4.1 you commit any breach of this Agreement;
7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
7.5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.
7.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. Data Protection
9. Links to and From Other Sites
9.1 Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Sites linked to the Site, you do so entirely at your own risk.
10. Intellectual Property Rights
10.1 Pixoneye grants you a limited, personal, non-transferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software, and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property.
10.2 None of the material listed in section 10.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission Pixoneye or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
10.3 Pixoneye logos and variations thereof found on the Site are trademarks owned by us and all use of these marks inures to the benefit of Pixoneye.
11.1 In this Agreement:
11.2.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
11.2.2 section headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
11.2.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
11.2 Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
11.3 Except as expressly stated in this agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
11.4. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.
11.5 We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
11.6 No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
11.7 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
11.8 In any event, the provisions of sections 2, 4, 7, 10, 11 and 12of these T&C, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site.
11.9 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
11.10 This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of England.
In T&C, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
- “Account” means your Pixoneye Account.
- “Connected App” means an application (or other software) owned and/or operated by you and which you associated with the Dashboard, to show and utilize data retrieved by the SDK from the app, in accordance with our LSA.
- “Dashboard” a platform which allows you to visualise the data from your Connected Apps, including segment your Users into groups based on their profile characteristics, choose which advertising creative you want to show to these different groups, send your Users push notifications, emails, and SMS messages.
- “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these T&C (including liability expressly provided for under these T&C or arising by reason of the invalidity or unenforceability of any term of these T&C).
- “Register” means to create an Account on the Site, and “Registration” means the action of creating an Account.
- “SDK” means Pixoneye’s software developer’s (tool) kit which can be integrated into a Connected App. The installation and use of the SDK may be subject to further terms and conditions.
- “Services” means all or any of the services provided by Pixoneye via the Site.
- “Site” means the Pixoneye website, operated on www.pixoneye.com.
- “User” means any mobile device user, whether using an android operating system or an iOS operating system, who has installed and/or updated the Connected App to or on his/her mobile device.