Service Agreement; Privacy and Cookies Policy
Dear User,
Thank you for your interest in our Services. We invite you to read the Clear Image AI Service Agreement. Acceptance of the agreement is mandatory before you start using our Platform, which does not impose any permanent or periodic obligations on you in this regard. This agreement, if you decide to use our Services, will regulate the rules based on which cooperation will take place.
CLEAR IMAGE AI SERVICE AGREEMENT
Current version. Last updated on 31st May 2023
INTRODUCTION
Clear Image AI S.à.r.l. (“Clear Image” or “we”) is the owner of an Automated Annotation Platform and provider of online automated data annotation Services located at https://cleareimageai.com.
The Platform means all the components of online services and technology provided at https://cleareimageai.com website (the “Platform”) for automated data annotation which allows a registered User to automate dataset annotation processes and make use of technologies available at the Platform.
For the purposes of this Agreement Clear Image means Clear Image AI S.à.r.l., a legal entity registered under the laws of Luxembourg with registered address at 6, Rue De Kevelaer, 1822 Luxembourg, registration number B224766.
For the purposes of this Agreement, the “User” means a user of the Platform who submits a project to the Platform and pays for such Service.
We always reserve the right to remove or modify any part of this Agreement at any time.
Users will be notified about updates to the Agreement at https://cleareimageai.com. Continued Use of the Platform after updated version of the agreement shall mean user confirms acceptance of the changes to the Agreement. Only the User of the account will be notified. The User is solely responsible for notifying members of the User's company of any changes to the agreement signed by the User.
Clear Image reserves all rights to make changes in the regulations and all processes not expressly addressed in the Platform Agreement.
Confirmation and acknowledgment of Clear Image rules are mandatory before use of the Platform Services www.clearimageai.com website (the “Platform”).
1. REGISTRATION
The User must be an authorized person who can enter into legally binding contracts in order to access and use Clear Image Platform.
Completing an online registration form is necessary to gain access to Clear Image Platform.
User agrees to provide true, accurate and complete information as prompted by the registration form and all forms that user accesses on the Platform, and to update this information to maintain its truthfulness, accuracy, and completeness.
Upon completion of the registration form and all its mandatory fields User confirms the following:
(i) to be authorized person and signatory of your organization
(ii) agree to be bound by the terms of this Agreement.
(iii) agree to become platform User.
Clear Image use of information provided by User is governed by Clear Image Privacy Policy (Appendix 1 to Agreement), and User consent to all actions Clear Image takes with respect to User information consistent with such Privacy Policy.
The User is responsible for maintaining confidentiality of its account credentials and monitoring the use of its account by members of his organization.
Any unauthorized use of a user’s account by 3rdparty may result in the account suspension.
Clear Image will not be liable for any losses resulting from the use of a user account by an unauthorized user. It is the sole responsibility of the User to restrict and monitor access to his account and its credentials.
Neither Clear Image nor its affiliates or licensors shall be responsible for the conduct, whether online or offline, of any User of the Platform and User hereby release Clear Image and its affiliates or licensors from any liability related thereto. Clear Image, its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Platform.
By providing a debit or credit card during registration, the User agrees to connect the provided card with the online payment service integrated with the Platform. The User authorizes Clear Image and its payment provider partner Stripe (https://stripe.com) to automatically charge the card provided by the User for the amounts due resulted from use of platform and its services including Platform and handling fees.
Clear Image is not responsible for collecting any additional fees not related to the transaction through the use of the Platform including external commissions, currency conversions, taxes, value added fees etc.
2. SERVICES
Types of data annotations.
Clear Image provides access to the Platform features that allow User to upload image sets to perform the following types of data annotation: Classification, Bounding Box Annotation, Polygon/mask Annotation, Characters detection and classification, Key point detection, Video tracking, Video captioning/summarization, Individual entities recognition, Event/action recognition, Contextual annotation, Human expression recognition, 3D pictures annotation.
Clear image reserves the right to make changes or impose limitations of available annotation types and data sets on its Platform.
Datasets.
The Platform allows the User to process images. The upload of the datasets will be done through direct https protocol as provided by the backbone cloud service that Clear Image uses. The Users can provide the data either by opening a cloud repository to Clear Image AI’s application or by using our user interface “Drag & Drop” service. Clear Image will not be responsible for any lack of security during data transfer initiated by the User and the consequences derived from it.
Clear Image will not allow access to the User’s data at any point of acquisition or processing. Clear Image’s personnel will only access the data if the User requests it explicitly. The data will be kept in the cloud under restricted access and will be destroyed after 1 month from the end of the project or, if requested by the User, immediately after the end of the project. If the User requires that we keep the data in our system for longer, a specific request has to be made to the company. Storage fee will be charged for storing data for a prolonged period of time if requested.
The data required by our system can include
- Images to be processed and labeled.
- User query on how they should be processed.
- Annotations performed by the User or third parties that may contribute to our annotation process and for whose legality the User is fully responsible for.
The data will be stored in password protected cloud storage. The pipeline that runs the data processing and has access to the data runs on a virtual private cloud with no direct IP or port open to the public. The only connection between the system and the outside is the API which is encryption protected.
We maintain our system in a privately owned cloud account, either Google Cloud, AWS or Azure. All with the same security provisions. But if the User requires, we can also provide an on-facility solution so that the data never leaves the User’s environment.
Data annotation process.
Project is defined as the request to process data defined by the the User’s selection of the Services offered by Clear Image as indicated in the user interface at: platform.clearimageai.com.
The User will have the ability to run the analysis through the entire dataset or to pause or terminate the project by pushing the available pause button and stop button.
If the User decides to stop the project, they will only be charged up to that point of the process and an invoice will be provided. If the User decides to stop a project, he will not be able to continue it at a certain date, it will be permanently closed. The data availability will remain as explained in the previous section.
If the User decides to pause the project, the project will be available to be resumed for 3 days. When the User presses the pause button the costs up to that moment will be assessed and the User will be charged for that amount. The pause state of the project will be terminated based on two circumstances, the end of the three-day period or the unpausing by the User. If the pause lapses, the User will be charged for the maintenance of the machines used during the three-day period. If the project is continued the User will be charged for the maintenance of the pause period when the next invoice is issued.
Project Results.
The results of the process "Project Results" will be a result file or files made available to the User and will contain the results of the analysis requested by the User within the capabilities of the Clear Image Platform. Unless further agreement is reached with the User, the files will be limited to the results of the analysis in the form of json files or mask binary images files. It will not include the original images or images with superimposed masks or polygons.
A secondary product that the User will have access to will be samples of the analysis. This will consist of the original images with superimposed annotations that will be refreshed periodically in the UI of the project. These samples do not constitute a complete set of images or results, they only exist so that the User can decide if they want to continue with the project or not based on the information contained in those samples.
There will be one analysis json file per image. The json file will contain the result of the analysis of the instances in the image. An instance corresponds to the part of the image that contains an area that can be classified as the object to be found and requested in the User query. An instance can be the whole image when the requested task is image classification, a physical object within the image or a section of interest like a key point.
The expected quality of the instance labeling should be 90% or above. Clear Image AI will do its best to identify the instances that are not labeled to that specific standard and eliminate them from the results file and avoid charging for them, but ultimately it is the responsibility of the User to review the outcome and eliminate the defective labeling.
Clear Image has in place an automatic review system but even with this system some failure rate should be expected by the User. Clear Image AI will reimburse the User for the portion of the project that did not meet minimum of 80% accuracy threshold set for annotation to qualify as a correct one.
Pricing.
Annotation price list can be viewed on Clear Image website https://cleareimageai.com. All fees may be changed by Clear Image periodically and information about changes will be communicated to all registered Users.
3. BILLING AND PAYMENT
The User is charged only for processed instances according to accuracy level as explained in section 2, Project Results plus additional fees if applicable.
The value of the project is calculated as a multiple of the total number of processed instances and the price for one instance in relation to a specific type of annotation and additional fees ("Handling fees") if such fees are due.
Payment for all Services and additional fees must always be made by the User in advance before the results are made available to retrieve.
All payments due are rounded up to two decimal places.
Clear Image AI partner (Stripe https://stripe.com) will charge User’s card provided during registration, charges will reflect total amount calculated for each project in following increments:
- projects below EUR 500.00, the card will be charged once, according to the actual value resulting from processed instances.
- projects above EUR 500.00, the card will be charged every EUR 500,00, according to the project progress and the actual value resulting from processed instances within a given project.
Additional fees. The User agrees to pay Clear Image all additional Handling fees that may occur, calculated as follows:
- if the value of processed instances within one project performed continuously, i.e. from status CREATED to status FINISHED, is less than EUR 5.00, a Handling fee of EUR 5.00 would be applied.
- if the value of processed instances within one project performed from status CREATED to status STOP is less than EUR 5.00, a Handling fee of EUR 5.00 would be applied.
- if the project was paused by the User via the "PAUSE PROJECT" function and continued by the User via the "CONTINUE PROJECT" function, and if the value of processed instances during the period of system operation between PAUSE and CONTINUED status was calculated below EUR 5.00, a Handling fee of EUR 5.00 will be added and charged. The additional fee will be added and charged as many times as it occurs within the same project if total amounts of instances processed remain below EUR 5.00.
Considering the technical limiting factors related to the ongoing calculation of the fees due, resulting from the real-time update and synchronization of individual components of the Platform and the payment transaction system, which are beyond Clear Image's control we acknowledge the possibility of values calculated to be under or above 500,00-euro limit set as a payment barrier by the platform operator.
The total value of all charges within a given project will match the actual total value resulting from processed instances.
All transaction fees collected by Clear Image platform do not include taxes and or value-added fees from Users’ domicile. Each User is responsible for additional costs related to local taxes and value-added fees.
Invoice.
After the Project is completed and the User's card is successfully charged with all due fees, Clear Image will issue an invoice in accordance with the User's data provided in the registration form.
One invoice will be issued for each specific Project.
The invoice will be sent immediately after the Project is completed electronically to the e-mail address indicated in the registration form.
4. TERMINATION
Clear Image reserves the right, in Clear Image’s sole discretion, to refuse, suspend, or terminate User’s access to the Platform and any Services at any time by providing the User with a written or email notice of such termination.
If Clear Image terminates User’s account for any reason, the User is prohibited from registering and creating a new account under User’s name, a fake or borrowed name, or the name of any third party, unless Clear Image gives express consent thereto.
Upon termination, all provisions of this Agreement, which, by their nature, shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
5. GENERAL TERMS
Except as expressly provided in other sections of the agreement all services provided to a User are AS IS, with faults and errors Clear Image makes no warranties, express or implied, including without limitation, merchant ability, satisfactory, quality and fitness for particular purpose.
In no event will Clear Image be liable to a user for a special, consequential, incidental, or indirect damages including, among others, damages for loss of business profits, business interruption, or loss of data or documentation, in connection with the use of Clear Image platform, materials, even if Clear Image has been advised of possibility of such damages.
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the Grand Duchy of Luxembourg, and shall be deemed to be executed in Luxembourg.
For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
Appendix 1
Privacy Policy and Cookies Policy concerning CLEAR IMAGE AI S.à.r.l. Websites
Current version. Last updated on 31st May 2023
Clear Image AI strives to comply with the highest standards of management, communication, and transparency. The foundations of our business include observing the applicable laws and regulations on privacy and personal data protection. We particularly value respecting the privacy of Users visiting our websites. We need your consent before you can continue on our website. Our site uses cookies and related technologies to enable us to improve navigation and promote our services.
Purpose of the Policy
The Policy applies to all Clear Image AI S.à.r.l. websites, hereinafter referred to as the Clear Image AI websites.
Clear Image AI S.à.r.l. declares that Clear Image AI websites are run with utmost care, in compliance with the rules of technical know-how and professionalism, as well as in accordance with the applicable legal regulations, in particular regulation No 2016/679 of the European Parliament and of the Council of the EU of April 27 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, Official Journal of the European Union L. 2016 No 119/1.
Data Collection
In accordance with the accepted practice of most web services, we keep HTTPS enquiries sent to our server. This means that we publicize IP addresses from which Users browse information content of our service. The browsed resources are identified by URL addresses. We also know the following:
● time the enquiry arrives.
● time taken to send the reply.
● name of User’s station – identification is executed by the HTTP protocol.
● information on errors that occurred while executing the HTTP transaction.
● URL address of the site previously visited by the User (referrer link) – if the transfer to the Office’s page was made through a link.
● information on the User’s browser.
Regardless of the above, circumstances can be when information other than the above concerning the User, including personal data, will be indispensable to execute the requested service or process. In such a case the User will be informed of the necessity to make available certain information, including personal data, and of the purpose of using such information. The User can make a voluntary decision concerning making available or denial to make available of his/her personal data. Nevertheless, making available of personal data may be required in a situation when the User is interested in obtaining information concerning provision of a service, event specified as a part of Clear Image AI websites (e.g. obtaining information on a product, organized event, offer, downloading a demo; launching an internship program, recruitment process). Thus, the User may be requested to fill in and send a form/questionnaire where it will be clearly indicated what kind of personal data and for what purpose will be gathered.
The data provided will be processed for the period necessary to achieve the purpose of the provision unless the law provides otherwise.
In a situation when the User reveals personal data of a third person in the form/questionnaire, it is assumed that the User has an appropriate consent of the person whose data he/she has revealed.
The User is entitled to view and the right to amend and complete any incorrect or incomplete personal data. Regardless of the above, the User is at any time entitled to demand that processing of his/her personal data is ceased – the data are deleted. The form of submitting such a request is specified while gathering such data.
We reserve that Clear Image AI websites do not gather, monitor, or verify information on the age of Users visiting them or any other information gathering of which would enable Clear Image AI to determine whether the User (including the recipient and a user of e-mail lists, participant of questionnaire research, and a person participating in contest organized via them) has a capacity to perform acts in law.
Persons not having a full capacity to perform acts in law should not place orders or subscribe services provided by websites unless their statutory representatives express their consent for this if such a consent is sufficient according to applicable legal regulations.
We use Stripe for payment, analytics, and other business services. Stripe collects transaction and personally identifying information, which it analyzes and uses to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy here: https://stripe.com/privacy.
Cookie Files
Clear Image AI websites use the so-called cookies or other technologies featuring functions similar or equivalent to cookies, i.e., information stored on the end device of Users visiting Websites. Cookies are automatically downloaded and used by Websites at each connection with the User’s end device.
Websites use cookies to:
● provide services.
● adapt the contents of websites to the User’s end device, store individual settings of the User and to optimize the use of websites.
● improve safety by controlling violations in the process of using websites.
● obtain collective, anonymous statistics to improve functionality of websites.
● maintain User’s session (this refers to websites with user log on option) so the User does not have to re-log with his/her login and password on each website;
● enable the use of basic functionalities of websites (e.g., storing visited sites to reinstate them at User’s demand).
● for advertising and marketing purposes to adapt the advertising content displayed on Clear Image AI websites and on other websites to User’s preferences.
NOTE: cookie files do not enable User’s identity identification in any way, do not process personal data, or do not make any changes in configuration of the User’s end device or software installed on this device.
As a part of websites Clear Image AI, we use the following types of cookie file:
● session cookie files (temporary) – stored on the User’s device only when websites are used, i.e., until logging off, closing a website or closing browser used by the User,
● permanent cookie files – these remain at the User’s device until their life cycle ends (operating time parameterized for a cookie) or until removed by the User.
Settings concerning the files are individual for each internet browser. It is worth knowing that the default option is to enable cookie acceptance. Each User, however, may completely turn this option off or limit cookie acceptance to a certain extent on his/her device. We inform that this can influence the comfort of using websites and result in a lack or improper display of most websites. In some cases, it is possible to set the browser to ask for User’s permission to install cookie files. This enables the User to control cookie files but can slow down the browser.
For more effective management of cookie files, the preferred browser should be selected, and instructions should be followed in reference to the cookie documentation of the given website browser provider.
Failure to change the settings in the scope of cookies means that these will be installed on the User’s end device, and, thus, the Clear Image will store information on User’s end device and obtain access to it.
Making Available of Websites
Clear Image AI websites may include links to internet websites of other entities. Clear Image AI S.à.r.l. has no influence on the privacy policy of such entities and is not responsible for such a policy.
PR and Marketing
All information, including personal data, made available by the User as a part of Clear Image AI websites and provided while the User participates in a range of various meetings organized by Clear Image AI may be used for marketing and PR purposes as a part of various marketing campaigns conducted by Clear Image AI if the User expresses his/her consent for that. User’s consent is equivalent to acceptance of receiving commercial information.
Recruitment
Clear Image AI websites may be involved in recruitment of new staff, interns, trainees, partners for Clear Image AI S.à.r.l. Personal data obtained in this manner are used for the needs of recruitment only as a part of current and future recruitment processes. Filling in a recruitment form, the User expresses his/her consent for participation in the current and future recruitment processes conducted by Clear Image AI. The consent refers to all documents submitted as a part of recruitment processes.
Making information available to User’s, Partners
Personal data and information provided via Clear Image AI websites may be used to develop and manage business relations by Clear Image AI with a user representing a Partner or a Company. Commercial, product or marketing information may be sent. Clear Image AI reserves the right to make available such information to other associated entities to provide a service, process provided making available such information is possible.
Contact for privacy protection or personal data protection issues: office@clearimageai.com
Information about the processing of personal data
According to Art. 13(1) and (2) of the General Regulation on the Protection of Personal Data of 27 April 2016 (GDPR), we would like to inform you that:
1) the administrator of your personal data is Clear Image AI S.à.r.l. (Clear Image AI) with its registered office in Luxembourg, address: 6, Rue De Kevelaer, 1822 Luxembourg, Luxembourg.
2) we process only the data of persons acting on behalf of or under the authorization of companies or entities cooperating with the administrator, or companies or entities that are potential recipients of marketing campaigns carried out by the administrator, especially the first name and surname of those persons, position or function, e-mail address, contact telephone number.
3) We do not process specific categories of personal data within the meaning of Art. 9 of the GDPR.
4) personal data will be processed:
- for the implementation of joint business ventures and execution of orders or concluded cooperation agreements.
- for the marketing of services offered by the administrator or administrator’s partners.
- to search for optimal solutions for business-related services based on information on the activities of potential recipients of the campaigns.
5) The basis for processing is voluntary consent expressed through contacting us (Art. 6(1)(a) of the GDPR) or obtaining by us information which was made available voluntarily, for example, through announcements or cooperation proposals placed in the public domain (Internet, press), which is justified by the special needs of the administrator as an entity with a database of information on entities interested in cooperation in the area covered by the announcement or cooperation proposal (Art. 6(1)(f) of the GDPR); Our justified needs concern the protection of our rights in case of violation.
6) personal data of contact persons in partner companies may be transferred to public authorities (law enforcement bodies) to suppliers or service providers with whom we cooperate, such as a law firm, an insurance company, and an accounting office. Suppliers and service providers process data on the basis of a contract with us and only in accordance with our instructions.
7) personal data are transferred outside the country or to international organizations only after obtaining a separate consent in this respect.
8) personal data of contact persons in partner companies or entities will be kept until limitation period expires.
9) every person, whose data is processed, has the right to access their personal data and the right to rectify, delete them, limit their processing, the right to data transfer, the right to object, the right to withdraw consent at any time without affecting the processing legality, which was made on the basis of consent before its withdrawal.
10) any person who decides that the processing of personal data by us violates the provisions of the General Regulation on the Protection of Personal Data of 27 April 2016 (GDPR) or other provisions regarding the processing of personal data have the right to lodge a complaint with the supervisory authority.
11) processing of personal data of contact persons in partner companies or entities is a prerequisite for the proper performance of the contract or order and for the services we provide. Not providing personal data or withdrawing consent to their processing by us may result in the inability to provide services or continue the cooperation.
12) as part of our business, we do not profile personal data of representatives of our trading partners nor undertake automated decisions based on profiling.