Terms of Service

§ 1. General provisions

The following terms (“Terms”) are issued by the Pixalytica GmbH (“the Company”) to govern the use of the Company’s Website, including the KYC Trial Report tool (“Service”) and define the rights and obligations of every natural or legal person using the Service (“the Users”).
The Company is committed to upholding the highest levels of ethics, integrity and professionalism, and it takes steps to ensure that its Website and tools (especially KYC Trial Report) are used properly and in accordance with applicable law regulations.
Every User is required to read these Terms thoroughly before using the Service. By using the Service the User agrees to be bound by these Terms in its entirety and without exception to any of its provisions.
All intellectual property rights to the software underlying the provision of Services, including the program code, the index and its contents, trademarks etc. belong to the Company. They may be used only on the basis of these Terms or on the basis of separate declarations of the Parties.

§ 2. The Service

The object of the Service is the Website and KYC Trial Report tool. The KYC Trial Report tool is an instrument, which for data given by the User, collects publicly available data from the Internet and organises it in the form of a report (the KYC Trial Report).
The KYC Report tool not in its trial version can be achieved by signing an individual agreement with the Company. By using the paid version of the Service the Client purchases a software licence (for generating KYC Reports).
The Service is provided “as is,” without warranty of any kind. KYC Report results are indicative and should not be considered definitive. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose which is at any time decided independently by the User, accuracy, timeliness, truthfulness and completeness of any kind. The assessment of the suitability of the results for intended purpose may not affect the assessment of the quality of the Service provided. This can not be the sole reason for a complaint. Search results should not be the sole basis for any decision, including, in particular, decisions of a business, investment or legal nature.
Links to source pages displayed in KYC Trial Report allow you to leave the Website. The linked websites are not under the control of the Company. The Company shall not be responsible for the content of any website to which any link is placed in the results. You agree that your use of third party sites and resources, information, data, advertising, products or other materials available on or through the Website, is at your own risk.
The Company does not store any data provided by the User.

§ 3. Rules of the Service use

In order to use the Service correctly, the User must have a device that meets at least the following requirements:
1. has access to the Internet;
2. a correctly configured Firefox, Google Chrome, Opera or Safari web browser in its latest version, accepting cookies.
The Company is not responsible for User’s serviceability of hardware and software and availability of services necessary for access to the Service and for paying all charges related thereto.
The User is obliged to use the Service in a manner that does not violate the applicable laws, public morals and rules of social intercourse, and for civilian purposes only (acceptable use). The KYC Trial Report can only be generated in order to learn about the functionality of the Service and can only apply to entities that can be counted as public figures (politicians, celebrities). In particular, it is prohibited to:
1. generate the KYC Trial Reports about private persons;
2. generate the KYC Trial Report without legal basis;
3. use the Service in preparation for the commission of a criminal offense;
4. provide or transmit within the Service any content of an unlawful nature, in particular content that violates the intellectual property rights of third parties or their personal rights, is contrary to public morality or otherwise violates the law.
If the Company determines that a request for the generation of a KYC Trial Report has been made against a person who is not a public figure, the Company reserves the right not to generate such a report.
The Company reserves the right, at its sole discretion, to block User’s access to the Service at any time for any reason (e.g. User’s breach of these Terms or fraudulent attempt).

§ 4. Limited liability

To the extent permitted by the applicable law, the Company shall not be liable for any incidental, special, exemplary or consequential damages, including loss of profits or data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the service, whether based on contract, tort (including negligence), warranty, product liability, or any other legal basis, and whether or not the Company has been informed of the possibility of such damage. To avoid any doubt, in any case the Company shall not be liable for:

subjectively assessed lack of similarity between the image for which the search is conducted and the returned results;
return of results that violate the law;
any damages resulting from the unsuitability of the search results for the User’s intended purpose;
content entered into the system by Users, in particular photos for which a search is conducted;
any damage resulting from the User’s failure to comply with these Terms, in particular for loss of access to the User Account;
for the lost benefits of the User or any other entity;
from any claims or actions of third parties;
for delay, non-performance or inadequate performance of the Service when such delay, non-performance or inadequate performance is due to a force majeure event, i.e. events beyond the control of the Parties, in particular disasters, wars, cyber-attacks (including DDoS).

§ 5. Performance of the contract

The User may conclude the contract for generating more KYC Reports via the functionality provided on the Website “Get started”. This service is not free. The prices are visible on the Website Pricing page. This option may be used only by entities authorised to generate the KYC Report. Each entity generating the report declares that it has obtained consent from the data subject to perform a KYC Report, including consent to perform facial recognition or their actions are based on other basis acceptable by law.
The Company is obliged to accept all Users before providing a paid option of the Service. When the Company finds that the entity does not provide adequate guarantees for the lawful processing of data, it is obliged to refuse its request to generate KYC Reports.
The Company receives the data given by the User to perform search via open source information and displays them in its KYC Report. The KYC Report is visible only for the User. The Company does not store KYC Reports.
Company does not process Users' Personal Data in any other way than to provide the Service for the User. In this connection, it should be pointed out that the photo provided by the User will not be the subject of any other technological operations performed by the Company.

§ 6. Personal Data

The rules for the processing of personal data in connection with the performance of the Services are available at our Website.

§ 7. Reporting the copyright infringement

If the Service Provider becomes aware of any information giving rise to a suspicion that a criminal offense has been, is being or may be committed, while using the Service, it shall immediately inform the necessary law enforcement authorities and provide them with all available information on the subject.

§ 8. Arbitration clause

Any party that intends to file a claim shall first notify the opposing party in writing of such intention and describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving the notice of claim shall provide a written response that sets forth its position on the claim in reasonable detail. If the parties are unable to resolve the dispute arising from the claim through good faith negotiations within thirty (30) days of the written response, either party may initiate binding arbitration in accordance with the terms set forth below.
Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of 1 arbitrator.
The language of the arbitration shall be English.
Every User by agreeing to this arbitration agreement is giving up his/her right to take any legal action in court.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.

§ 9. Final provisions

Any rights granted by these Terms, may not be transferred or assigned by the User, but may be assigned by the Company anytime without restriction.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Company reserves the right to unilaterally modify or/and amend the Terms at any time without prior notice. The Company recommends that Users follow this document to periodically check these for any changes.
If any provision of the Terms is found to be invalid, ineffective or unenforceable, in whole or in part, the validity, effectiveness or enforceability of its remaining provisions shall not be affected.