Terms of Use & Privacy

Last Updated — Oct 25, 2019

Terms of Use

Thank you for using Ximilar!

Ximilar s.r.o., address: Purkyňova 649/127, 61200 Brno, Czech Republic, reg. number: 06270743, VAT number: CZ06270743 (“Ximilar”, “us”, “we”, or “our”) operates the app.ximilar.com website (the “Services”). By accessing the Services, you (“User”) are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

The specific Services provided by us are described in general on Ximilar presentation web: https://www.ximilar.com/solutions/ and in detail in the user documentation: https://docs.ximilar.com

By purchasing any of our Pricing plans (including Free Plan), you gain access to your user account, which is identified by your email address and your password (hereinafter referred to as the “User account”). The user account contains authorization token for communication via API with the provided Services.

Usage and Pricing

The usage of the services is measured as the number of API credits. Every API call (HTTP request) corresponds to a certain number of API credits. The list of operations and their API credit values is available at: https://docs.ximilar.com/quickstart/credits/

Some of the operations can be performed via graphical web interface at https://app.ximilar.com (for instance uploading Training Data for Image Recognition). The API credits for these operations are considered with the same values as if realized via API.

Ximilar reserves the right to change API credit values of the individual operations without prior notification.

Ximilar offers several Pricing Plans which determine the types of services available, monthly maximum numbers of API credits and limits for several quantities in different Services (hereinafter referred to as the “Pricing Plans”). Current Pricing Plans and their conditions are available at: https://ximilar.com/pricing

Ximilar reserves the right to change the types of the Pricing Plans (including change of the price) with prior notification (at least 30 days) to the users that have adopted respective Pricing plan.

The user is obliged to pay Ximilar monthly fee according to the Pricing Plan chosen by the user. The user is allowed to change the chosen Pricing Plan.

API Terms

Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses the Service, is bound by these Terms of Service plus the following specific terms:

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if  we have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. We, in its sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension.

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Visual Content

The user is entitled to upload digital images (hereinafter referred to as the “Content”) which are used by our Services as training data or for search in the Content. The user undertakes not to upload Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to the user, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that Ximilar deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any applicable policy, including those related to cheating or ethics. The user further declares that the Content they upload to the Services does not infringe the rights of any third party, including any intellectual property rights or privacy rights. “Intellectual Property Rights” means all patents, copyrights, trademarks, protection of reputation, protection of business secrets and other intellectual property rights that may arise or arise in the future.

Ximilar reserves the right to remove Content violating the above-mentioned statements, according Ximilar’s own discretion. Ximilar is not obliged to monitor and remove the Content.

Ximilar has no responsibility for user Content which the user or any third-party uploads through the user’s User Account into the Services.

By uploading Content, the user gives Ximilar consent to use the Content in a way which is necessary for the operation of the Services – that means access to the Content, displaying and processing of the Content to provide the Service, as well as consent to make changes to the Content to meet the technical requirements of the Services.

Ximilar is not permitted to use the Content in any other way, especially share it with third party, unless the user explicitly allows Ximilar to do it.

The recognition models trained by Services “Image Recognition” and “Object Detection” using users Content are available for the users exclusive use.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Ximilar be liable for any indirect, direct, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, business, or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will Ximilar be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or User account or the information contained therein. Under no circumstances will Ximilar be liable for any damages resulting from using third-party products that access data via the API. 

To the maximum extent permitted by applicable law, Ximilar assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the user’s access to the Services; (iii) any unauthorized access to or use of the Services and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third-party; (vi) any errors or omissions in any content; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third-party. In no event shall Ximilar be liable to the user for claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount the user paid to Ximilar for the provided Services. 

This limitation of liability section applies whether the alleged liability is based on the Agreement, tort, negligence, strict liability, or any other basis, even if Ximilar has been advised of the possibility of such damage.

Ximilar does not provide any warranty on accuracy of Service “Image Recognition” and “Object Detection”, likely results or reliability of the Services.

Accuracy of materials

The materials that appear on Ximilar’s website could include technical, typographical, or photographic errors. Ximilar does not warrant that any of the materials on its website are accurate, complete, or current. Ximilar may make changes to the materials contained on its website at any time without notice. Ximilar does not, however, make any commitment to update the materials.

Terms of Use Modifications

Ximilar may revise these Terms and Conditions of Use at any time without notice; provided that, if we make any material changes to these Terms and Conditions of Use, we will use commercially reasonable efforts to notify you. By continuing to use Ximilar, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Ximilar’s web site or Ximilar Services shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed in accordance with the said Rules.  The substantive law applicable to the contractual relationship is Czech law.

Privacy Policy

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use. (see above)

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name (“Personal Information”).

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Change to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contacting Us

If you have any questions or concerns about our Services, Terms of Use or Privacy Policy, you may contact us at:  or phone number: +420 606767147.