cookies

This website uses cookies. By continuing to browse, you agree that cookies will be stored on your devices. You can change the cookie settings in your browser.

Terms of Service

Article 1
GENERAL PROVISIONS

1. This document, referred to as the ‘Terms and Conditions’, sets out the principles of using electronic Services provided
by the xmoderator.com website, hereinafter the ‘Website’ available at www.xmoderator.com
2. The Terms and Conditions are made available to the User via the Website.
3. Each User is obliged to read the Terms and Conditions and the Privacy Policy before using the Services provided
through the Website and to strictly observe the provisions therein at all times when using the Services.
4. In the case of Services that the User is not required to register with the Website prior to using them, the
commencement of the use of such Services is tantamount to the full acceptation of the Terms and Conditions.
5. The personal data controller for the data recorded by the website is MD Software Marcin Dukaczewski with its
registered office in Poland. NIP (tax ID) 952-195-47-29
6. The use of the services is governed by the provisions hereof and is limited to people aged 18 or older.
7. By submitting any order to the Website or using any Website Services, the User confirms they have read and accepted
the Terms and Conditions.

Article 2
DEFINITIONS

1. Service Provider: MD Software Marcin Dukaczewski with its registered office in Poland. NIP (tax ID) 952-195-47-29
2. User: a natural person with full legal capacity, a natural person with limited legal capacity holding a consent of its
statutory representative, or a legal person or organisational unit that uses the Services offered by the Website and the
Service Provider and accepted the Terms and Conditions.
3. Website: all pages and subpages available at www.xmoderator.com that provide the Services under the Terms and
Conditions.
4. Service: electronic services (automatic image classification) provided by the Service Provider (whether paid or not) to
the User using the Website and under the Terms and Conditions.
5. Subscription Plan: offer options as set out in the price list at www.xmoderator.com/pricing.
6. Customer Panel: a subpage available after signing in to the Website at www.xmoderator.com/customer-panel

Article 3
SCOPE OF WEBSITE SERVICES

1. The Website offers Services involving the classification and moderation of User-provided images with the webpage at
xmoderator.com and its API.
2. The Service Provider defines the scope of Services that require a prior Registration with the Website and the scope of
paid Services on Website pages and in the Terms and Conditions.

Article 4
WEBSITE REGISTRATION AND USER ACCOUNT

1. Website Registration and User account are free of charge.
2. The User may have only one Website account.
3. The Registration enables the User to use the Services provided by the Service Provider and the Website: free (trial)
and paid Services.
4. User Registration follows a correct completion of a Registration form and confirmation of the e-mail address.
5. The User undertakes to provide full and accurate data regarding any information required by the Service Provider in
relation to the use of the Services by the User, always in compliance with the Privacy Policy.
6. The User may delete their account any time after submitting a relevant message to the Website Administrator.
7. The Service provider reserves the right to block or immediately delete a User Account should it find that the Terms
and Conditions were breached.
8. Registration with the Website is considered by the Service Provider as:
8.1 User's consent for having their personal data processed for the purpose of the provision of the Services offered on the
Website;
8.2 User's acceptance of the Terms and Conditions;
8.3 User's consent to receive marketing and promotional materials and commercial offers from the Service Provider via e-
mail. The User may withdraw the consent any time by selecting a relevant option in the Customer Panel.
9. A registered User may not make their Account available to third parties or use another User's Account.

Article 5
EXECUTION AND TERMINATION OF WEBSITE SERVICE CONTRACT

1. Access to Website Services, both paid and selected free Services, requires a prior Registration with the Website. The
Service Provider specifies the types of Services on the Website.
2. A contract for free services is executed upon any User operation on the Website.
3. To execute a contract for paid Services, the User is required to register with the Website. The contract is executed
upon the placement of an order for a specific Service by the User pursuant to principles set out on the Website.
Selection of a paid subscription plan in the Customer Panel is tantamount to the placement of an order for a paid
Service. The Service Provider specifies the types of Services on the Website.
4. The Service Provider may terminate the Service contract with the User effective immediately in the case of a failure or
breach of Contract terms as set out in the Terms and Conditions and instructions available on the Website.
5. The termination of the User-Service Provider contract may result in the removal of User Account and de-registration.
6. All personal data provided by the User is removed upon the termination of the User-Service Provider contract
following the terms of the Privacy Policy.
7. A paid Service contract is terminated upon the selection of a free Subscription Plan by the User. The transition to the
free Subscription Plan does not release the User from the obligation to pay for invoices for paid Services provided to
date.

Article 6
FREE AND PAID SERVICES

1. The free Service is a USD 100 package to be spent on the Website for the offered Services. Having used up the free
package, the User may transition into any paid subscription plan offered on the Website. The free Service is not
automatically upgraded to the paid Service.
2. The paid Service is provided upon the placement of a paid Service order by the User. Selection of a paid subscription
plan in the Customer Panel is tantamount to the placement of an order for a paid Service.
3. The (paid) Standard Service price is USD 1.8 per 1000 images.
4. Custom Service is priced individually with the customer.
5. Invoices are issued automatically every two weeks starting from the commencement of the paid Service.
6. The User is obliged to pay for every issued invoice within 7 days following the receipt.

Article 7
PAYMENT METHODS

1. Following the provision of a Service to the User, the Service Provider sends an invoice to the e-mail address specified
by the User and the User may select one payment method.
2. Available payment methods:
2.1 Wire transfer to Service Provider's bank account
2.2 PayPal – if the User selects this direct payment method and pays with a credit card, the provider (PayPal) will store
User's credit card data. It is encrypted with the payment card data security system (PCI-DSS). User transaction data is
stored only as long as necessary to complete the purchase. After the completion of the transaction, the data is
removed.
2.3 The Service may be paid for with the Bitcoin cryptocurrency via BitPay.

Article 8
COMPLAINT PROCEDURE

1. The User may lodge complains by e-mail to refund@xmoderator.com or in the Customer Panel.
2. In the case of Paid Services, the Service Provider resolves the complaint concerning a Service offered by the
Website within 14 days following the receipt of the complaint.
3. In the case of Free Services, no time limit for complaint resolution by the Service Provider applies.
4. Every image may be subject to only one complaint. Should the User file multiple complaints regarding the moderation
of a given image, only the first complaint shall be resolved.
5. Complaint procedure outcomes are sent to the User to the e-mail address associated with User's account.
6. The User may challenge Service Provider's decision. The final decision is made after resolving User's challenge. The
decision of the Service Provider following the challenge is final and irrevocable.
7. If a complaint is accepted, i.e. an image was classified incorrectly, the Service Provider undertakes to compensate
this fact to the User in the form of ten times the amount the User paid for the moderation of the image.
8. The amount refunded to the User for an accepted complaint is credited to User's account and may be spent on any
Services available on the Website. The amount may not be disbursed by the User.

Article 9
LIABILITY

1. The Service Provider does not guarantee 100% availability of the Services. The Service Provider exercises utmost
care to prevent network/hardware/software failures and provide as high Service uptime as possible. In the case of a
failure, the Service Provider may at its own discretion decide to continue the commercial activity and/or refund
payments made or amounts due from the User in whole or in part.
2. Neither party is liable to the other party for any delays or failure to perform hereunder for any reason beyond its
control, including but not limited to telecommunications failure, government statute, fire, war, or a cataclysm. For the
avoidance of doubt, no provision of this clause releases the User or Paying User from any payment obligations
hereunder.
3. What is more, the Service Provider does not guarantee 100% accurate image classification with the Services. The
classification provided by the Service Provider is based on an automatic process without any human intervention.
Hence, 100% accuracy cannot be guaranteed despite the strive for perfection. By agreeing to these Terms and
Conditions, the User acknowledges that the Service Provider assumes no liability for any direct or indirect errors
resulting from any incorrect classification of images in excess of the complaint procedure and Article 8 hereof.

Article 10
FINAL PROVISIONS

1. The Service Provider may amend these Terms and Conditions in particular as regards Services provided and the method
of provision
2. The Service Provider reserves the right to update or modify these Terms and Conditions or any part thereof.
The User shall be notified electronically at least 14 days prior the effective date of a new version of the Terms
and Conditions. Should the User reject a new version of the Terms and Conditions, they may no longer use the Website
or any Services
3. Any disputes hereunder shall be resolved by the court locally competent for the registered office of the Service Provider.
4. Should any provision of the Terms and Conditions be or be found illegal, invalid, or unenforceable in any jurisdiction,
the validity and enforceability of the remaining provisions of the Terms and Conditions in that jurisdiction or the
validity and enforceability of the provision or any other provisions of the Terms and Conditions in other jurisdictions
remain unaffected.