Terms of Service

Effective date: 09/19/2019

Thank you for using Photon Commerce. These Terms of service (the “Terms”) and our Privacy Policy govern your access to and use of the Photon Commerce services and website, including any mobile applications, browser extensions, and other downloadable apps we provide (collectively, “Photon Commerce”).

By using Photon Commerce or using our services, you are agreeing to the Terms of Service of Photon Commerce. If you do not agree to these Terms, do not use Photon Commerce.

If you are using Photon Commerce on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Photon Commerce after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please do not use Photon Commerce.


SIGN-UP PRIVACY POLICY

How will we process the information from the registration form and the uploaded documents:

Information contained in the form will be used to manage inquiries submitted to us. We may also contact you to get more information, update and clarify your request or any other matter relating to our services.

The uploaded documents will be processed to provide you structured data by our automated data-extraction tool. The uploaded document will be retained and used for further research, development and training of the artificial intelligence and will be deleted no later than 10 years from the upload. This processing is based, in the context of GDPR regulations, on legitimate interests of Photon.

The contact forms are run in the cooperation G Suite apps from Google. Our data are stored in the cloud without specific geographical limitation.

You can also sign up to our newsletters. In case you subscribe, we will send you from time to time an email relating to our services, offers, events and business news. You can unsubscribe any time by clicking the unsubscribe link which is included in every message. We will not disclose your information to any other organization for the marketing purposes. If you decide not to use our services or do not subscribe to our newsletters, we will delete the contact data from the form after 3 years.

If you have any questions you can contact us at support@photoncommerce.com . You can also ask for the access to your data, portability, rectification or erasure, and limitation of processing. You can object to processing based on legitimate interests.


YOUR ACCOUNT
To use Photon Commerce, you will need to create an account, either via Photon Commerce or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Photon Commerce account.

You are responsible for safeguarding your Photon Commerce login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Publicity

Unless otherwise specified, Photon Commerce may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as a Photon Commerce customer on Photon Commerce's website and other marketing materials.

Warranty Disclaimers

PHOTON COMMERCE IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Photon Commerce will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Photon Commerce. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnity

You will hold harmless and indemnify Photon Commerce and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Photon Commerce or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOTON COMMERCE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PHOTON COMMERCE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PHOTON COMMERCE IS LIMITED TO THE AMOUNTS PAID BY YOU TO PHOTON COMMERCE FOR THE PAST SIX MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

Terms of Paid Subscriptions

If you purchase a subscription to the Services via the Photon Commerce website (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to you:

Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).

Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire amount.

Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are non-cancelable.

Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.photoncommerce.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to support@photoncommerce.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.

Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize Photon Commerce (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to Photon Commerce. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.

Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). Photon Commerce may terminate your subscription if you fail to promptly pay any outstanding fees.

Taxes and Fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on Photon Commerce’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.

Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the State of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Photon Commerce, and supersede and replace any other agreements, terms and conditions. These Terms create no third-party beneficiary rights. Photon Commerce’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Photon Commerce may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


PROPRIETARY RIGHTS & DISCLAIMERS

All rights, titles, and interests in and to intellectual property (including all copyrights, patents, trademarks, service marks, trade secrets, and trade dress) embodied in any Data, Service, and Product Data Services, including the methods, documentation, know-how, and techniques by which the Service and Product Data Services are performed and the processes that make up the Service and Product Data Services, belong solely and exclusively to Photon Commerce, or if applicable, its licensors or suppliers, or other third parties. Customer has no rights, title, or interest to anything other than what is expressly granted by Photon Commerce in writing. There is no express, implied, oral, or written transfer of any intellectual property or related rights or interests, including any patent and proprietary rights belonging to Photon Commerce.

Photon Commerce does not have any right, title, ownership, or interest in third-party intellectual property rights, including, but not limited to, product images, image URLs, trademarks, product descriptions, creative content, and any third-party owned data. If any third-party intellectual property is included in the Service, Product Data Services, or Data, Customer agrees that its use of such data or material is at its own risk, and Customer is solely responsible for any claims, damages, liabilities, and consequences in relation to and arising out of using such third-party owned data or intellectual property. Customer waives any legal or equitable rights or remedies it may have against Photon Commerce related to or arising out of any third party data or intellectual property that Customer accesses, uses, or stores. Furthermore, Customer warrants and represents that its use of the Service, Product Data Services, or Data will not violate, misappropriate or infringe the rights of any person or entity, including without limitation, any person’s or entity’s intellectual property (including trademark, patent, copyright, and trade secret), statutory, proprietary, privacy, and contractual rights. It is Customer’s sole duty and obligation to perform, and Customer agrees to perform, the appropriate due diligence and actions before using any third-party intellectual property, and Customer’s use of such third-party intellectual property is or will be governed by Customer’s agreement the with respective legal owner. Customer represents that it will enforce the terms and conditions of this Agreement upon its end user or target customer, and is responsible for any breach of the Agreement by its end user or target customer.

All information posted on the Photon Commerce website www.photoncommerce.com (including any available subdomains, international versions, widgets, and mobile versions) and any content or material owned by Photon Commerce are protected by copyright laws, trademark laws, and other intellectual property laws. Customer’s use of the Data, Service or Product Data Services provided by Photon Commerce does not grant Customer the right, title, interest, or permission to use any logo or content of Photon Commerce. The Photon Commerce trademark, brand name or logo, company insignia, blog, marketing information and content are not available for use without Photon Commerce’s expressed written permission in advance.

For companies or organizations using any and all of the Service or Product Data Services provided by Photon Commerce, you grant Photon Commerce a worldwide, perpetual, irrevocable, fully paid, royalty-free license to use your company’s or organization’s brand name and logo, trademark, use case or case study, feedback, and reviews or quotes for internal and external marketing or general business purposes without any compensation, payment, credits, notice, and authorization to and from you.


PRIVACY AND GDPR

Photon Commerce is here to understand data and make their processing easier and more effective. As such, Photon Commerce is fully aware of the obligations and responsibilities connected with the processing of data regardless of their nature or type. That is why we take data protection and security very seriously. We follow EU laws and regulations, especially the General Data Protection Regulation (GDPR), which are one of the strictest in the world.


HOW ARE WE DEALING WITH DATA PROTECTION RULES?

We are fully committed to ensure compliance with the GDPR. To re-iterate, we are processing customer-provided documents for the primary purpose of data capture, based on instructions of our customers, and for the secondary purpose of further research and development of data-extraction technology and artificial intelligence. Based on the nature of the data and the GDPR balance test, we have a full reason to believe that this processing is fully compliant with the GDPR, particularly when not concerning third-party consumer documents.


HOW DO WE SECURE YOUR DATA?

We know that the security of data is of paramount importance. Reflecting that we are taking all the industry-standard measures to guarantee that the data we get are safe. We are following access management and restrictions based on the need-to-know principle. All our employees and contractors are bound by the non-disclosure agreements. When we transmit data, we use encrypted communication channels (SSL/TLS encryption).

We store and process Customer data only with the one major cloud platform providers – Amazon Web Services.


WHAT DO CUSTOMERS NEED TO DO?

There are several things that you might need to do depending on your situation and jurisdiction. Our customers are generally controllers of the data contained in the documents handed over to us. As such we recommend taking these steps:
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Make sure your Terms of Service or Privacy Policy properly communicate to your customers, business partners and/or employees that you are using Photon services (and any other similar services) and how Photon’s processing works (including artificial intelligence learning). Being transparent is one of the most important data protection principles. We recommend you ensure your policies are up to date and clear to your readers.

Recommended information to be handed over to your business counterparts or customers:

We [Photon’s customer] use Photon Commerce (“Photon Commerce”) as the processor of our documents. The documents may be retained and used by Photon for limited time on the basis of legitimate interests as part of a training dataset used for research, development and learning of Photon’s artificial intelligence models employed to process the documents.

If you want us to process documents of which you are not the owner or direct participant (e.g. documents of third parties) make sure that you are entitled to transmit the documents to us and, if applicable, ask for the consent of the participating persons with this processing. The consent should cover the transmission of data to Photon for the data-extraction as well as for the artificial intelligence learning purposes. Please note that a consent under the GDPR must comply with quite severe requirements (see art. 7 of the GDPR).

To avoid any doubts, this does not apply to documents containing your transactions and data (e.g. invoices received by you or issued by you).

If you are a company outside the EU, you should still be aware of this. The provisions of the GDPR apply to any organization that processes personal data of individuals in the European Union.

​If you have any questions, please don’t hesitate to contact us at support@photoncommerce.com.