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Terms of Service

Version 2.0 of 9 March 2025 (previous versions)


Introduction

Welcome to identifAl. Please read the following Terms of Service, as applicable to you, to learn the rules and restrictions that govern and regulate the access to and use of our platform https://web.identifai.net (the “Platform”) and the related services (the "Services"). If you have any questions, comments, or concerns regarding these Terms or the Service, please contact identifAI Lab S.r.l. ("identifAl," "we" "us", “our”), at the following addresses:
Via F.Ile Gabba, 1/A, 20121 Milano
Email: info@identifai.net
P.IVA: 13570670961

  • If you are a resident of the European Economic Area (EEA) these Terms of Service (the "Terms") are a binding contract between you and identifAl and regulate how you access and use the Platform and the Services. Your acceptance of these Terms along with the use of the Platform and the Services means that you agree, pursuant to articles 1341 and 1342 Italian Civil code, on all these Terms, and these Terms will remain in effect while you still access the Platform and use the Platform and the Services.
  • If you are a business customer, including its employees and/or collaborators, and/or access and use the Platform and the related Services through APIs, you are bound to the Terms of Service for Business (the “Business Terms”).


Terms

1. Access and Registration Account

Eligibility for accessing and using the Platform and Services. You must be at least 18 or the minimum age required in your country to consent to open an account on the Platform and to use the Services.

If you are under 18 or the age to consent, please do not attempt to register an account on the Platform or otherwise use the Services or send us any personal data. If we learn we have collected personal data from an underage person we will delete the personal data as soon as possible. If you believe that a person under the age to consent may have provided us with personal data, please contact us at support@identifai.net.

Account Registration (Opening). You are required to sign up for a registered account in order to access the Platform and to use the Services. You therefore need to select a password and username, such as an e-mail address ("identifAl User ID"), and provide us with other personal data, such as your contact information, as better specify in the Privacy Notice. You must provide us with accurate, complete, and updated personal data for the purposes of registering your account on the Platform and using the Services. You shall not share your identifAl User ID, account or password with anyone, and you must protect the security of your identifAl User ID, account, password and any other access tools or credentials. You shall not select as your identifAl User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You shall not transfer your account to anyone else without our prior written permission. You are solely responsible and will be held liable for all activities that are carried out in your account.

Moreover, you may be able to sign up, access the Platform and use the Services, by using your account credentials from other services ("Third-Party Account"), such as those offered by Google or GitHub or through the Marketplaces where you purchase the subscription to the Platform and the Services. By accessing the Platform and using the Services through a Third-Party Account or a Marketplace, you authorize both the third party to share your personal data with us and identifAI to access your personal data from such account for use by us. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third-Party Account and/or contractual relationship with the Marketplace.


2. Services
When you lawfully access to the Platform you can use the Services that identifAI provides through it, such as:

(a) allow you to upload photographs, videos, images, etc. (“Content”) as input on the Services in order to use our proprietary Large Language Model (“LLM”), underpinning our proprietary deep learning algorithm and other algorithms, which have been licensed to us;

(b) allow you to obtain from our proprietary LLM a result as output, confirming whether the Content you provided has been created by and/or has originated from a human or an artificial source;

(c)upon receipt of your explicit consent, by flagging a checkbox in the Platform, store and retain your Content for preview purposes, as long as you allow us to keep it;

(d)receive communications through the Services, including messages that identifAl sends you by e-mail, newsletter.

We are constantly working to improve our Platform and related Services, but we cannot warrant nor represent that our LLM and the algorithm we deploy to provide such Services are free from bias. We are committed to identifying, mitigating and/or remedying any biases, if they exist, on a regular basis.
Moreover, please also consider that the identifAI can make no representation or warranty concerning the Services either, including without limitation, in relation to their being such Services fit for purpose and/or error free. Nor identifAI can warrant or represent that the output obtained by you when using the Services will be at any time accurate and/or exact. In this regard, please consider that given the probabilistic nature of machine learning, including deep learning, and AI the use of our Services may in some situations result in incorrect output that does not accurately reflect the action generated. You are responsible and liable to evaluate the accuracy of any output and the corresponding use for any purpose you will determine.


3. Subscriptions and Payments

Free Subscriptions. The access to the Platform and some functionalities of the Services may be free of charge. We may nonetheless provide other functionalities of the Services in exchange for consideration. If you are using a free version of the Services, we will notify you before any functionality of Services you would be willing to use is subject to a fee.

Paid Subscription. Certain functionalities of our Services may be subject to payments now or in the future. We do not manage any payment service, and all our paid Services are sold through paid subscriptions managed by third-parties, such as Marketplaces, which are our partners. We only receive information from the Marketplaces about the type of paid Subscription to the Platform and the Services you purchased, your renewals and/or requested upgrades, and your credit balance, in connection with a unique identifier associated with you. This information is necessary to us in order to manage your access to the Platform and the use of the Services upon payment of all subscription fees and in accordance with these Terms. Please refer to the terms and conditions of the third-party marketplaces for any provisions and regulation of the payment services directed to purchase our paid Subscriptions.


4. Permitted Use

You are allowed to only access the Platform and use the Services for your own personal use in accordance with the purposes and the functionalities made available by identifAI through such Services. Moreover, your access to the Platform and use of the Services will always be compliant with all applicable laws, including but not limited to EU and Italian data protection, consumer, intellectual property laws and the provisions of these Terms. If your access to the Platform and the use of the Services is prohibited by EU and Italian applicable laws, you shall refrain from accessing the Platform and using the Services.


5. Forbidden Use

You warrant, represent and undertake not to not provide or contribute to upload and process any Content, including but not limited to photographs, videos, images into the Platform and/or use the Service in a manner that:

(a) infringes Third-Party Intellectual and/or Industrial Property Rights or any other Third Party rights;

(b) violates any law or regulation, including, without limitation, any applicable data protection, consumer, intellectual property laws or any other purpose not reasonably intended by identifAl;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, or otherwise objectionable;

(d) jeopardizes the security of your identifAl User ID, account or any other user of the Platform;

(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) violates the security of any computer network, or cracks any passwords or security encryption codes used by identifAI to provide the Platform and the Services;

(g) runs mail list, Listserv, any form of auto-responder or "sparo" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

(h) "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Platform, the Services and/or your Content or the Content uploaded by other users into the Platform (through use of manual or automated means);

(i) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the software underpinning the Platform and the Services, including the algorithm and the AI LLM provided through the Platform.

(j) may generate Content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;

(k) (e) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Content (except to the extent such restrictions are contrary to applicable law);

(l) develops foundation models or other LLM that compete with the algorithm and the AI LLM provided by IdentifAI through the Platform; and

(m) extracts data from the Content, uploaded by you and any other user of the Platgorm, including web scraping, web harvesting, or web data extraction methods.


6. Intellectual and Industrial Property Rights

IdentifAI's IP Rights. IdentifAI holds and retains all Intellectual and Industrial Property Rights in the Platform and/or the Services, including the source and object codes and preparatory material in any software, algorithms, AI LLMs, as well as any title, and interest therein. You are forbidden to copy, modify, download, distribute, sell, make available and communicate to the public any part of our software, algorithms, AI LLMs. If part of our Services included software that has been licensed under open-source terms, we would make them available to you, since some of the provisions of those open-source licenses may override parts of these Terms.

Third Party’s IP Rights. Some parts of our Services, including software and/or algorithms have been licensed by third parties to us. Those third parties hold and retain all Intellectual and Industrial Property Rights in the licensed software and/or algorithms, including the source and object codes and preparatory material. You are forbidden to copy, modify, download, distribute, sell, make available and communicate to the public any part of those third parties’ software, algorithms, AI LLMs.

Your Content. When you use our Services, you may upload Content as input and request that our Services return an output based on such input. You warrant and represent that you have all rights, interests, ownership and/or license in the Content and that you are authorized to use it on our Platform through our Services. You also undertake to be solely responsible and liable for the for Content you upload to the Platform and use through the Services, including but not limited that such Content does not infringe any third-party Intellectual and/or industrial Property Rights, publicity and/or privacy and/or data protection rights, or any applicable laws or these Terms. You shall retain all rights in the Content and shall own the output you will be provided when you use the Services. You hereby gran us an exclusive, worldwide, free of charge license to use the output for the purposes of improving our Services and ensuring the security of our Platform.


7. Reporting of Infringements and/or Illegal/Unlawful Content

If you believe that a third-party and/or another user of the Platform has infringed these Terms and/or the intellectual and/or industrial property rights of identifAI and/or of a third-party or that there is illegal/unlawful content on the Platform, you can notify identifAI of such infringements and illegal/unlawful by sending an email to support@identifai.net. While reporting such infringement and/or illegal/unlawful content, please specify:

(a) a sufficiently substantiated explanation of the reasons why you believe that the contested content is illegal/unlawful;

(b) to the extent possible, a clear indication of the precise electronic location of the infringement and/or illegal content, such as the exact URL address(es) and, if necessary, additional information allowing the infringement and/or illegal content to be identified;

(c) your name and email address while submitting the report;

(d) a statement that in good faith you believe that the information and statements contained in your report are accurate and complete.

Without undue delay, identifAI will notify you by email and/or through your account on the Platform, of its decision regarding the reported information, informing you of the possibility to lodge a complaint in relation to such decision by sending an e-mail to the address support@identifai.net.


8. Disclaimer

The Platform and the Services, including their free and/or paid features, are provided by identifAI, its licensors and/or suppliers, "AS-IS", "AS AVAILABLE", and without any kind of express or implied representations or warranties, including but not limited to the implied warranties of title, non-infringement, security, accuracy, merchantability and fitness for a particular purpose or that the Services will be uninterrupted or error-free. In particular, IdentifAI does not warrant that (i) the Platform, Services, including their free and/or paid features will be secure and available at any time and location, (ii) any defects or errors will be corrected, (iii) any content or software is free of viruses or other harmful content, (iv) the results of the use of the Platform and Services, including their free and/or paid features will meet your expectations, requirements and requests, subject to identifAI’s best efforts to abide by the applicable laws and industry standards, including security standards.


9. Indemnification

You agree and undertake to hold harmless and indemnify identifAl, licensors, suppliers, affiliates, directors, employees, contractors and representatives from and against any and all claims, liabilities, damages, including actual and consequential, losses and expenses, comprising attorneys' fees and costs, arising from or in any way related to any claims relating to (A) your access to the Platform and use of the Services, including any actions taken by a third-party using your account, (B) any third-party complaints and takedown requests or similar actions taken on the basis of Intellectual and/or Industrial Property Rights infringement claims caused and/or derived from your use of the Services and/or any third party’s use of your account on the Platform and (B) your breach of these Terms and/or any breach of these Terms by any third party using your account on the Platform. In the event of any claim, suit, or action, request, investigation from a competent authority, legal and/or proceeding ("Legal Action"), we will attempt to provide notice of the Legal Action to the contact information you provided in your account on the Platform, provided that failure to deliver such notice shall not limit nor exclude your responsibility, liability and indemnification obligations hereunder.


10. Liability

IdentifAI commits to provide the Platform and the Services with the best industry diligence. We shall not be responsible nor liable for any loss or damage caused by us, our Platform and Services unless for willful misconduct or gross negligence. We shall not be either responsible or liable for any loss or damage caused by events beyond our reasonable control.

In particular, to the fullest extent allowed by the applicable law, under no circumstances identifAI shall be held liable, including but without limitation under tort, contract, strict liability laws, either to you or to any other user of the Platform and/or the Services, or to third parties for (A) any indirect, special, incidental, punitive, or consequential damages of any kind, including without limitation damages for lost profits, business interruption, loss of data, loss of goodwill and/or reputation, accuracy of output, computer failure or malfunction, (B) any substitute Services and/or technology, and/or Content, (C) any amount in the aggregate in excess of the amounts paid/or payable to identifAI, if you are using a paid Subscription, in connection with the Services in the twelve (12) months prior to your claim, complaint, etc., (D) any matter beyond our reasonable control.
IdentifAI shall not be held responsible nor liable in relation to your interactions, transactions, communications with other users of the Platform and the Service, if any occur. identifAI does not undertake a background check nor screen you and/or other users of the Platform and the Services, nor attempt to verify or qualify the authenticity, accuracy and non-infrigement of the Content you and the other users upload to the Plaform and process through the Services. In no event identifAI will be responsible and liable for including without limitation any risk, harm, damages, losses, costs, expenses, including legal cost and expenses, arising out of or in connection with your and/or other user’s use of the Services as well as the Content you and/or other users upload to the Platform and process through the Services.


11. Termination, Withdrawal and Suspension

Your termination right. You have a right to terminate these Terms and consequently end the contractual relationship with identifAI. In that case, you need to close your account on the Platform and to stop using the related Services. We recommend you export all your data, including personal data, and content before closing your account. You can ask for additional instructions on your termination right and the corresponding consequences by contacting identifAI at support@identifai.net.

Your right of withdrawal. You can also exercise your right of withdrawal under the EU consumer law, by closing your account and withdrawing from these Terms within fourteen (14) days as of your acceptance thereof. If you have started using the Platform and the Services, we recommend you export all your data, including personal data, and content before closing your account. You can ask for additional instructions on your termination right and the corresponding consequences by contacting identifAI at support@identifai.net.

identifAI’s termination and suspension rights. identifAI has the right to either terminate or suspend your access to the Platform and your use of the Services or close your account when identifAI reasonably and objectively considers that, in particular, without limitation, the following circumstances apply:

(a) your breach of these Terms;

(b) your infringement of the applicable EU and/or Italian laws;

(c) your violation of the permitted and/or forbidden use of the Platform and/or the Services;

(d) your infringement of third-party or identifAI’s Intellectual and/or Industrial Property Rights;

(e) your violation of warranties and/or representations under these Terms;

(f) your infringement of data protection laws and the Privacy Notice in relation to the upload of Content on the Platform and your request for processing such Content by the Services;

(g) your use of the Platform and/or the Services may cause any risks and harms to identifAI, other users of the Platform and/or any other third-party;

(h) you have not use your account for more than one (1) year and you have a free of charge account on the Platform;

(i) you have not paid your subscription to the Platform for use of the Services, where payment is applicable.

Account termination may result in closing your account on the Platform and in the permanent cancellation of any Content associated with your account in compliance with the applicable EU and Italian laws. IdentifAI will therefore make a commercially reasonable effort to inform you of the prospective termination or suspension of your account to allow you to export your Content and personal data from the Platform, save in case such information is prohibited by the applicable EU and/or Italian laws and/or it may cause harm and/or risk to identifAI, other users of the Platform and/or any third party.

In case of termination, suspension and related account closure, you can file a complaint with identifAI by sending an email to the address support@identifai.net.


12. Third-party applications

You are informed that the Platform may contain links and/or widgets to third-party applications that are not managed by us, so identifAI does not exercise any control over those third-party applications. identifAI is not therefore responsible for the content nor implies, or recommends, promotes, warrants the use of those third-party applications. We invite you to access and review the third-party's terms of use, as applicable to their applications.


13. Data Protection

IdentifAI collects and processes your personal data in its capacity as data controller pursuant to Regulation (EU) 2016/679, General Data Protection Regulation (“GDPR”), ensuring the protection and security of the personal data and the data subjects’ rights in accordance with the Privacy Notice published on the Platform.


14. Applicable Law and Jurisdiction

These Terms are governed by Italian law, including consumer protection laws. Any dispute arising from and/or relating to access and/or use of the Platform, the Service and/or the infringement of these Terms will be subject to the Courts of Milan, after recourse to the applicable out-of-court dispute resolution procedures. For instance, you can defer your case to an alternative dispute resolution body on the European Commission’s Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/comsumer/odr.


15. Miscellanea

Entire Agreement. These Terms are the entire agreement between you and identifAI in relation to the access and use of the Platform and the Services. These Terms, therefore, supersede all prior or other communications and/or agreements in whatever form between you and identifAI.

Invalidity. If any provision of the present Terms is found to be, wholly or partially, invalid and/or inapplicable and/or unenforceable by a competent Court, such provision shall be, wholly or partially, eliminated from these Terms whilst the remainder of the Terms shall remain in full force and effect and shall be enforceable.

Assignment. identifAI reserves the right to assign, subcontract or otherwise transfer the rights and/or obligations under these Terms to third parties, such as in the case of M&A operations, without your previous consent. In the event of assignment, subcontracting or transfer to third parties, identifAI will notify you by e-mail thirty (30) days in advance and you will have the right to termination by means of written communication to be sent to identifAI within thirty ()30 days of receipt of the notification. If you exercise the right of termination within the aforesaid time limit, you shall accordingly close your account and stop using the Platform and Services within the same time limit.

Changes to the Terms. We are constantly trying to improve our Services and identifAI may change, review and/or update these Terms for various reasons during the contractual relationship with you (e.g. to comply with new legal requirements, for security reasons, etc.). You will be notified by email thirty (30) days in advance of the implementation of the change, review and/or update of the Terms which shall apply to future interactions with you. If you do not agree with that change, review and/or update of the Terms we invite you to close your account and to stop using the Platforma and the Services. If you access the Platform and use the Services in any way after a change, a review or an update to the Terms has become effective you agree to all the changes.

No Waiver of Rights. IdentifAI’s or your delay and/or failure to exercise any right provided for in these Terms shall not be construed and/or considered as a waiver of such and/or any other rights identifAI and/or you have hereunder. Likewise, if we or you fail to enforce any of rights and/or remedies under these Terms, such failure will not be construed and/or considered as a waiver of that or any other of the rights and/or remedies to be brought forward under these Terms in the future. For a waiver of rights to be effective, such waiver of right must be in writing and signed by the party which grants it.

Survival of Terms. The provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination. In particular, by way of example, without limitation the following clauses shall continue to apply notwithstanding the termination or expiry of these Terms for any reason whatsoever: 3. Subscriptions and Payments; 6. Intellectual and Industrial Property Rights; 8. Disclaimer; 9. Indemnification; 10. Liability; 12. Third-Party Applications; 13. Data Protection; 14. Applicable Law and Jurisdiction; 15 Miscellanea – No Waiver of Rights.

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Business Terms

[to be redacted on the basis of the Service Agreements with Businesses and the aforesaid Terms]

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