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 Demo 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 Demo 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 made in writing.

§ 2. The Service

Anyone who wants to try out the service provided by the Company can do so by using the Demo Report tool (on the Website also referred to as: the Identity verification report). The Demo Report is an instrument which, based on the data provided by the User, collects publicly available information from the Internet and organises it into a structured report (“the Demo Report”). All information contained in the Demo Report is sourced exclusively from publicly accessible websites and constitutes a structured overview of such publicly available data.
The Demo Report is generated automatically and is provided solely for demonstration and informational purposes. It does not constitute and must not be relied upon as an official verification, certification, or confirmation of the identity, reputation, or background of any individual. The Company does not verify, validate, or guarantee the accuracy, completeness, timeliness, or reliability of the data included in the Demo Report and is not responsible for any errors, omissions, outdated information, or misinterpretations arising from the use of publicly available sources.
The User acknowledges that the Demo Report may contain inaccuracies resulting from limitations of publicly available data, automated data collection mechanisms, or the nature of online content. The Company shall not be liable for any decisions made or actions taken by the User based on the Demo Report.
The Service is designed and licensed exclusively for commercial use by legal entities. It is not available to private individuals or for personal use. Individuals acting in a personal capacity will not be able to successfully create a User Account that enables the generation of Reports. The Company reserves the right to take any necessary technical or legal measures to prevent unauthorized or non-compliant use of the Service.
The Demo Report is made available solely for demonstration purposes and may be generated exclusively for individuals who qualify as “public figures.” If the person for whom the Demo Report is requested does not meet the definition of a public figure, the Demo Report will not be generated.
The Demo Report tool is available for the user on the Website. The Report not in its trial version can be achieved after meeting all of the following requirements cumulatively:
1. Creating a User Account on the Website;
2. Verifying the account;
3. Signing an individual agreement with the Company and submitting a statement confirming that there is a valid legal basis for generating the report (e.g. consent of the data subject);
4. Receiving the Company’s approval for using the Website and Report tool.
5. Purchasing one of the service packages option or individual package negotiated with the Company.
The Service is provided “as is,” without warranty of any kind. Demo 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 Demo 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.

§ 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. 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 Demo 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 and with respect to whom there is a reasonable certainty that the information collected from the Internet has been clearly and voluntarily made publicly available by those individuals themselves, or disclosed with their explicit consent. In particular, it is prohibited to:
1. generate the Demo Reports about private persons - such action will be blocked by the Company;
2. generate the 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.
The Company reserves the right, at its sole discretion, to block User’s access to the Service at any time in case of 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 agreement for generating Reports in the manner indicated by the Support team as a result of correspondence in this regard. This service is not free. The prices are visible on the Website’s Pricing page but could be also determined individually. The agreement can be concluded only by the entities previously authorised to generate the Report (entities which successfully finish authorization procedure - this means: create an account, verify it, provide all necessary information about your entity, and present a valid legal basis for the processing of personal data of persons whose data will be processed for the purpose of generating Reports). Each entity generating the report declares that it has obtained consent from the data subject to perform a Report (and provides a relevant proof of it), including consent to perform facial recognition or their actions are based on other basis acceptable by law.
The Company is obliged to accept and verify 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 Reports.

§ 6. The User Panel

The Company offers the possibility to create a User Panel. Creating a User Panel is obligatory for using paid version of the Reports.
User Panel is a service which enables, by logging in (providing a correct login and password), access to additional functionalities provided by the Company.
In order to set up a User Panel, the User must complete the registration procedure in its entirety.
During the registration procedure, the User is obliged to provide his/her correct data and the company he/she represents. Creating the User Panel is possible only with a business email address.
The setting up of a User Panel is free of charge.
The agreement for the use of the User Panel is concluded between the User and the Company for an indefinite period of time and is governed by these Terms. The term of the agreement starts when the User completes the registration process.
The User may at any time give notice of termination of the agreement referred to in paragraph 6 with immediate effect by using the ‘delete your account’ functionality.
The creation of a User Panel for a User who is not a natural person may take place only on the basis of a valid authorization to act during the conclusion and execution of the Agreement on behalf of the User, including to bind that User to these Terms, which the person creating the Account declares during registration.
It is the User’s obligation to adequately secure access to the User Panel, use of the Service, and (where applicable) API. Above mentioned may include, in particular, the creation of an authentication password of at least 8 characters (including lowercase and uppercase letters and digits or special characters) and its regular change, and if other authentication methods are used, to secure the passwords and media used to access and use the Services, and not to make the data allowing access to the User Panel available to unauthorized persons. The User will not permit others or other multiple Users to access the Service using a single email address and password.
The User is responsible for the actions of all persons who access or use the Service through a User Panel, without regard to whether the account was voluntarily made available to such persons or whether the User Panel was hacked in the event that appropriate security measures (e.g. a strong password) were not used.
If the User becomes aware of the use of his/her User Panel by others, he/she must immediately inform the Company via the contact form available on the Website.

§ 7. Personal Data

The rules for the processing of personal data in connection with the performance of the Service are available at our Website at: https://pixalytica.com/privacy-policy.

§ 8. Reporting

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 Company and provide it with all available information on the subject.

§ 9. 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 Swiss Arbitration Centre in accordance with the revised Arbitration Swiss Rules 2021 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 Switzerland.
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.
Independent of the arbitration agreement set forth above, the Parties hereby expressly and irrevocably waive any right to initiate, bring, join, or participate—whether as a plaintiff, claimant, class member, representative, or in any other capacity—in any class action, collective action, consolidated proceeding, or representative action arising out of, relating to, or in any way connected with this Terms. This waiver applies to all claims, rights, or remedies that could otherwise be pursued through such proceedings.

§ 10. 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.