PIXMOLE Terms Of Service
EFFECTIVE: February 01, 2023
IMPORTANT! READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND
PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE
"SERVICES") OF PIXMOLE TECHNOLOGIES, LTD. IS CONDITIONED UPON YOUR
COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY
BY CHECKING THE "I AGREE" BOX, ACCESSING YOUR PIXMOLE ONLINE ACCOUNT, OR
UTILIZING PIXMOLE'S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
THE PIXMOLE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY
ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
1. The Service
1.1. PIXMOLE Technologies Ltd. (“PIXMOLE”) will provide the Photographer (“Photographer” or “Client”) with ongoing service for detecting, documenting, and acting upon unauthorized usage of the Photographer’s images that have been provided beforehand to PIXMOLE.
2. PIXMOLE’s Statements
2.1. The Service is intended for detecting unauthorized use of the Client’s monitored images on the Internet.
2.2. The Service is intended for detecting and acting upon Infringers within specific territories in which PIXMOLE operates.
2.3. Specifically, PIXMOLE's roles are:
Supporting the Client by uploading his or her images or allowing the Client to upload his or her own images.
Detecting usages of the Client’s monitored images.
Analyzing the detected usages in order to decide whether there have been possible unauthorized usages by viable entities.
Documenting all required details of such unauthorized usages.
Handling the case in order to recover payment from the Infringer, either directly or in conjunction with a legal partner.
2.4. Despite being an extremely advanced, effective, and field-proven solution, not all usages of the Client's images will necessarily be detected.
2.5. The Service detects unauthorized usages only for images provided by the Client to PIXMOLE in advance for monitoring.
3. Monitored Images
3.1. The Client will provide PIXMOLE with the images that he or she wishes to monitor for unauthorized use.
3.2. The Client hereby declares that he or she is the full owner of the copyrights to all images provided by the Client to PIXMOLE.
3.3. The Client agrees to provide proof of copyright ownership, licensing information, copyright registration information, or any other relevant information about the images handled upon PIXMOLE’s request for the purposes of case evaluation and preparation.
3.4. The images to be monitored are to be provided to PIXMOLE via the Client's online PIXMOLE account, sent over from a file transfer service, or uploaded directly to PIXMOLE's cloud.
3.5. The images will be loaded onto the PIXMOLE platform and will be accessible from the Internet for the purpose of enabling PIXMOLE to perform scans. However, they will not be accessible to search engines. Accessing them will require possession of their exact URL.
3.6. The images will remain on the PIXMOLE platform in order to enable ongoing scans and detection of new unauthorized uses.
3.7. The Client may choose to remove the images from the PIXMOLE platform at any time. PIXMOLE will remove the images within two weeks from the time that a written notice is provided from the Client to PIXMOLE.
4. Legal Handling
4.1. The Client must approve a case for handling by PIXMOLE. This authorizes PIXMOLE to act as the Client's representative in seeking recovery from the Infringer, either directly or through a legal partner.
4.2. The decision of whether a certain usage constitutes an infringement and whether to handle the infringement are the responsibility of the Client. Before approving any case for handling, the Client is responsible for checking the findings provided by PIXMOLE, verifying that the Client is indeed the owner of the copyrights for said images, and verifying that no authorization has been given for the use of said images to the alleged Infringer, either directly or through a partner.
4.3. After Client approval, PIXMOLE will forward all information regarding the unauthorized usage to the handling legal partner. PIXMOLE shall use its best commercial efforts to achieve a settlement and maximize said settlement amount.
4.4. The Client gives his explicit consent that all communication with the infringer directly or through a legal partner shall be handled exclusively by and through PIXMOLE for the cases handled by PIXMOLE in all territories excluding Israel.
4.5. The legal partner will, among other actions, send demand letters to the Infringer and negotiate in order to collect payment from the Infringer.
4.6. If the legal partner suggests litigating a case, PIXMOLE will require the Client's approval before filing a lawsuit on behalf of the Client. The Client must provide approval in order to litigate a case.
4.7. For the avoidance of doubt, PIXMOLE is not a law firm and does not provide any type of legal services on its own, but instead partners with law firms for legal claims.
4.8. PIXMOLE facilitates the legal process but is not a side to any legal proceedings. The legal partner that is assigned to the case shall represent the Client directly and act upon PIXMOLE's instructions as the Client's representative.
5.1. PIXMOLE’s commission covers all aspects of the Service, including storage, scanning, analysis, and legal fees.
5.2. PIXMOLE's commission does not cover certain expenses. These expenses can include, but are not limited to:
Currency conversion and money transfer fees
Postage and messenger costs
PIXMOLE will notify the Client before such expenses are required.
These expenses are to be paid by the Client regardless of the outcome of a legal case.
5.3. Recovery payments shall be collected by PIXMOLE. PIXMOLE will deduct any unpaid fees and costs as set forth above from the total recovery amount to calculate Net Recovery. PIXMOLE's commission shall be calculated out of the Net Recovery. PIXMOLE shall remit payment to the Client when received for a specific case within one calendar month of the end of the month in which PIXMOLE receives payment for the recovery.
5.4. The Client will pay PIXMOLE a commission of 50%, plus all applicable taxes, out of the Net Recovery payments received as a result of handling the infringements for all cases, other than those covered in the following sections 5.5-5.6, or a commission of 55%, plus all applicable taxes, out of the Net Recovery payments received as a result of handling the infringements for all the cases handled in the US.
5.5. In certain countries, where legal fees are paid directly by the Infringer, or in other cases when explicitly agreed upon in advance, PIXMOLE's commission will not cover legal fees and PIXMOLE’s commission shall be 30%, plus all applicable taxes, out of the Net Recovery Revenue received, excluding legal fees and Client's share shall be 70% out of the Net Recovery Revenue received, excluding legal fees.
5.6. For cases handled in Israel, the Client will pay PIXMOLE a commission of 30%, plus all applicable taxes, out of the Net Recovery Revenue received for cases settled before filing a lawsuit or 20%, plus all applicable taxes, if payment was recovered after filing a lawsuit. PIXMOLE will remit legal fees to the legal partner according to the legal fees that will be agreed upon between the legal partner and the Client before handling the case.
5.7. In cases in which no money was recovered, the Client will not pay any commission to PIXMOLE.
5.8. The Client will inform PIXMOLE of any contact from the Infringer regarding a case handled by PIXMOLE or of any settlement agreed upon directly with the Infringer. In such a case, PIXMOLE will be eligible for the commission as mentioned above.
5.9. If for any reason payment is to be paid by the Infringer directly to the Client, the Client will transfer to PIXMOLE its commission within 14 days of the Client receiving payment from the Infringer. In case the payment is divided in to installments, the Client will transfer PIXMOLE's proportional fee for each installment.
6. Data Privacy
6.1. PIXMOLE shall not pass along any of the Client’s images to any third party and shall use them for no other purpose than for detecting their usages, analysis of the results, and handling cases related directly to usages of the images.
6.2. PIXMOLE shall not pass any information to any third party regarding the infringements being handled, settlements, or legal proceedings, unless given explicit permission in writing by the Client. This commitment shall survive the
termination of this agreement.
6.3. The Client approves the transfer of all case-related information between PIXMOLE and the legal partners representing the Client.
7.1. Each side may inform the other side of the termination of this agreement upon a 14-day written notice.
7.2. Upon termination, PIXMOLE will stop searching for additional unauthorized uses of images.
7.3. Even after termination, the Client will continue to pay PIXMOLE its commission for infringements detected prior to termination.
7.4. PIXMOLE reserves the right at any time to modify or discontinue, temporarily or permanently, its services with or without notice. Client agrees that PIXMOLE will not be liable to any party, including the Client or a third party, for termination, suspension, or adaptation of its services.