General Terms and Conditions of rendering electronic services
These General Terms and Conditions govern the rights and obligations of the Customer (hereinafter referred to as the User) and iTraff Technology Sp. z o. o. with its registered office in: ul. Święty Marcin 11/8, 61-803 Poznań, Poland, NIP: PL 7811859808, REGON: 301642843 registered in the Regional Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under no. 0000377562, (hereinafter referred to as the Administrator), collectively, hereinafter referred to as the "Parties", concerning the use of services provided and rendered by the Administrator which are described on the website (hereinafter referred to as the "Services"), as well as the use of the Administrator’s website.
- In order to use the Administrator’s Services the User must accept these General Terms and Conditions. If the User does not accept these Terms he may not use the Services offered by the Service Administrator.
- The User accepts these terms by:
- signing a contract related to one of Administrator’s business products,
- agreeing on these Terms by clicking to accept or agree on the proper icon on the website.
- The User acknowledges that starting to use the Administrator’s services without accepting the Terms hereof will result in liability for damages against the Administrator.
- The User warrants that is not a minor in the jurisdiction in which resides, or if a minor, has received parental permission to use Services
- Before starting to use the Administrator’s Services, the User should print off or save a local copy of these Terms for his records.
- The User can use the Service, and the Administrator’s website only to the extent necessary - according to these General Terms and Conditions.
II. Services, Change of Services, and Fees
- The Services consist of products, widgets, APIs, services and web sites hosted or made available by the Administrator, which the User may use directly or indirectly for the purpose of image recognition and further processing of the search result such as sharing, redirecting to third party websites or services, and storing data on multiple computer and network platforms.
- The Administrator is entitled to change, amend or cancel the Services or parts thereof in his free discretion at any time.
- In order to use the Service, User should meet the following technical requirements necessary to cooperate with the Service Administrator's IT system:
- have a device that allows continuous access to the Internet, through which Users can set up an account in the API, manage it, and transfer images in digital form and receive the results of their processing (the devices that allow the use of API Recognize.im include all personal computers, general purpose server computers and smartphones manufactured from 2013, inclusive),
- required link:
- downloading: min 5Mbps,
- sending: min 10Mbps.
- The User acknowledges and agrees that all information, data, text, images, graphics, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the offered Services (hereinafter referred to as the “User Content”, are made accessible at the sole responsibility of the person(s) originating such content and introducing such content into the Service.
- The User agrees to indemnify and hold Administrator harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Administrator by any third party due to or arising out of or in connection with User’s use of the Services.
- The Administrator reserves the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any User Content available with the Services, without obligation to any person.
- Content such as reference images (hereinafter referred to as the "Reference Images"), descriptions, tags, links, metadata etc. uploaded to our reference database (hereinafter referred to as the "Reference Content") to be recognizable by others is a subject of a review process for reasons of quality assurance. The Administrator might change, reject, or charge this Reference Content in accordance with the pricing and the payment conditions as indicated on his website). The basis of pricing and payment terms are an integral part of these Terms and Conditions.
- The User is allowed to upload reference images containing any printed matter such as product labels, print pages, billboards, etc. The Administrator reserves that, due to the technological requirements of different types the reference images may not be properly recognized.
- The Administrator can charge the User when uploading any reference content related to print advertising such as newspaper ads, billboard advertising, catalogue pages, corporate publishing, etc. The pricing and the payment conditions are indicated on The Administrator’s website and are integral part of these GTC.
- Administrator will notify the User who is an entrepreneur and recipient of the Administrator’s service in connection with his business activity, about changes in the service’s pricing at least one month ahead at the end of the calendar month. If the User does not agree to change the price list he is required to notify the Administrator by email to indicated mailbox and stop using the service with the last day of the old price list being in force.
- The User who is not an entrepreneur will be notified about the change in pricing of the services electronically, at least one month ahead at the end of the calendar month. The User will confirm he has read and accepted the new price list by responding to the email received from the Administrator. If the User does not agree to change of the price list, he does not send a return mail to the Administrator confirming to have read and accepted the new price list. In such case the User is obliged to stop using the service of the Administrator as of the last day of the old price list being in force.
- The Services, except as indicated in these General Terms and Conditions, as services rendered for a fee, are provided to the User free of charge. The Administrator however, reserves the right to start charging for rendering of such services at any time of the signed agreement, after having informed the User, at least one month ahead at the end of the calendar month.
- The API is sold as a subscription, which means that the User is obliged to pay fixed periodic fees to the Administrator, unless the service is canceled. The pricing and the payment conditions are indicated on The Administrator’s website and are integral part of these GTC.
III. Passwords and Account Security
- The User agrees and understands that he is responsible for maintaining the confidentiality of passwords associated with the account he uses to access the Services. Accordingly, the User is solely responsible to the Administrator for all activities that occur under his account.
- If the User becomes aware of any unauthorized use of his password or of his account, he should notify the Administrator immediately at the following email address:
- The User represents and warrants, that:
- all data provided by him for registration is accurate, non-misleading and complete,
- any changes in the registration data will be reported to the Administrator by the User within 5 days upon the occurrence of the change.
- The User acknowledges and agrees upon that the Administrator shall have the right to disable the User’s access to the Administrator’s website immediately at his free discretion.
IV. Reservation of Rights
- All rights, title and interest (including all database rights, copyrights, trademarks and other intellectual property rights) in the Services and the Administrators website belong to the Administrator of the Service.
- Except as expressly provided in these GTC, nothing contained herein shall be construed as conferring any license or right to the User.
- The User agrees to respect the copyrights of the Administrator and third parties using the Administrator’s services, in all fields of operation defined in the act on copyright and indirect rights, however the User uses the Administrator’s license to these rights in the scope allowing him to use the Administrator’s Services.
- The user is obliged to secure the Administrator against claims and liabilities with respect to third parties that may arise on the basis of waiving access to the Services in accordance with these General Terms and Conditions.
V. Conduct of Usage of the Services and the Administrator’s Website
- Except cases expressly provided in these General Terms and Conditions, the User shall not:
- violate the security of the Administrator’s Service or the website or attempt to gain unauthorized access to his Services or his website;
- perform any action which may impair the Services or the operability of the Administrator’s website;
- use the Administrator’s website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website;
- use or attempt to use any deep-link, scraper, robot, spider, data mining, computer code or any other device, tool or program to access, acquire or monitor any part of the Administrator’s website;
- download, store, reproduce, transmit, display, or distribute any part of the Administrator’s website;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, mass mailings, junk mails, spam, chain letters, pyramid schemes or any other form of solicitation;
- use the Administrator’s website for any purposes related to marketing without his express written consent;
- sell, rent, lease or make otherwise available the Services or the Administrator’s website to third parties;
- remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services;
- copy, redistribute or modify content, such as: text, images, and PDF documents which is provided by the Administrator’s Service partners;
- upload, post or otherwise transmit any information or use the Administrator’s Services or the website or parts thereof in any manner that infringes or violates the rights of the Administrator or any third party, the applicable laws or regulations or General Terms and Conditions;
- upload, post, or otherwise transmit material that is defamatory, obscene, indecent, hateful, discriminatory or inflammatory, infringes any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime or otherwise violates applicable laws;
- misrepresent his affiliation with the Administrator or any other person or entity.
VI. Quality and warranty
- The services and our website are provided on an "as is", "with all faults", and "as available". The Administrator declares to maintain due diligence and the proper quality of the Services.
- The Administrator will endeavor to provide the User with uninterrupted and error-free access to the website and its operation in a scope necessary to perform the Service.
- The Administrator is not responsible for the fitness of the Service for a particular purpose, nor does he advise on the use of the Services.
- The Administrator reserves the right to restrict access to certain areas of his website, or indeed his whole website.
- Except in cases where it is prohibited by law, the Administrator's liability is limited to damages done intentionally and does not include lost profits.
VII. Termination of rendering and use of the Services
- The User may discontinue his use of the Services at any time and without notice.
- The Administrator may, at any time, terminate the User’s account, cease his access to the Services, in particular because of a breach or violation of any provision of these General Terms and Conditions.
- If the User uses the Services for free, the User Content will be deleted 45 days from the day of the last User’s activity and User’s account will be deleted after 90 days from this day.
- If the User uses the Services for a fee, the User Content will be deleted 45 days from the last day of the period for which the payment was made and User’s account will be deleted after 90 days from this day.
VIII. Quality and warranty
- Complaints regarding the Services provided may be sent to the email address:
firstname.lastname@example.org or in writing - to the address of the iTraff Technology Sp. z o. o..
- Complaints should be submitted no later than within 7 (seven) days from the date on which the cause of the complaint occurred.
- Each complaint should contain a short description of the problem being the basis for a complaint, date and time of its occurrence and the User's designation (including: name, surname, correspondence address and email address).
- The Service Administrator shall inform the complainer immediately, no later than within 30 days of its receipt, by email to the email address provided in the complaint or in writing, if the User requests it.
- Complaints that do not contain the data listed in paragraph 3 above or have been submitted after the deadline referred to in paragraph 2 of this section will not be considered.
IX. Copyright and Trademark Policies
- It is the Administrator’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law by terminating the accounts of the Users infringing intellectual property law.
X. Changes of these General Terms and Conditions
- The Administrator reserves the right to modify these GTC at anytime. The Administrator shall give due notice of any modifications of these GTC to the User.
- If the User does not agree to any change in the GTC, the Agreement shall be terminated automatically and the User shall stop using the Administrator’s Services, his website and its contents immediately.
XI. Data Protection
- The User acknowledges and agrees that Internet transmissions are never completely private or secure. The User understands that any message or information which is send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode, and extent of advertising by the Administrator on the Services are subject to change without specific notice to the User.
- In consideration for the Administrator granting the User access to and use of the Services, the User agrees that the Administrator may place such advertising on the Services.
XIII. Law and Jurisdiction
- All disputes arising out of or in connection with these General Terms and Conditions shall be governed by Polish law and jurisdiction of the Polish courts.
- All disputes concerning these Terms and Conditions shall be settled by a competent court in Poznań.
XIV. Final Provisions
- Failure or neglect by the Administrator to enforce any of the provisions of these General Terms and Conditions shall not be construed or deemed to be a waiver of the Administrator’s rights nor shall this affect the validity of the whole or any part of these General Terms and Conditions, nor prejudice the Administrator’s rights to take subsequent action in order to enforce rights resulting from General Terms and Conditions.
- Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes closest to the one actually agreed upon.
- Contact details: iTraff Technology Sp. z o. o., ul. Święty Marcin 11/8, 61-803 Poznań, Poland. The User can contact the Administrator of the Service at the following email address: