Terms of service

Parties and acceptance

These terms of service (the “Terms”) are an agreement between Bruno Development EOOD, a company incorporated in Bulgaria and trading as Teuscan (“we”, “us”, “our”), and the person or entity accessing or using the Service (“you”, the “Customer”). You can reach us at oleksii@teuscan.com.

By accessing or using the Service you accept these Terms. If you do not accept them, do not use the Service. If you are accepting on behalf of a company, you confirm that you are authorised to bind it, and “you” means that company.

The Service is supplied for business purposes. Nothing in these Terms excludes or limits any right you have that cannot lawfully be excluded or limited.

Definitions

• “Service” means the Teuscan website, the demonstration tool on it, the application programming interface, and any documentation or support we supply with them.
• “Demonstration Tool” means the analysis facility offered on the website without registration or payment.
• “Customer Content” means the images and any other material you submit to the Service.
• “Output” means the findings, severity gradings, locations, reports and other results the Service returns in response to Customer Content.
• “Plan” means a paid subscription, and “Pilot” means a time-limited evaluation supplied without charge, in each case on the terms published on our pricing page.

The Service

The Service analyses photographs of freight and returns Output describing the condition of the goods visible in them: whether damage is apparent, where it appears in the image, and how severe it appears on a graded scale. It also identifies photographs that are unsuitable for assessment, including those that are blurred, poorly lit or otherwise unreadable.

The Service works from photographs supplied to it. It requires no camera, sensor or other equipment to be installed, and we supply none.

We may change what the Service does. Where a change materially and adversely affects a Plan, we will give the Customer notice by e-mail before it takes effect.

What the Output is, and what it is not

The Output is produced by an automated system reading an image. It is advisory information intended to support a human assessment. It is not a survey, a physical inspection, a certification of condition, a valuation, or a determination of liability.

You acknowledge each of the following.

• The Service may fail to identify damage that is present, and may report damage that is not present. No level of accuracy is guaranteed.
• The Output is limited to what the photograph shows. Damage that is concealed, internal, or outside the frame cannot be found by analysing that photograph.
• You are responsible for the photographs you submit. Their framing, focus, lighting and coverage decide what can be assessed, and the Output can be no better than the image it is read from.
• Severity gradings are a consistent scale for triage. They are not an engineering assessment and are not a measure of financial loss.
• A report that an image is unsuitable for assessment is not a statement that the goods are undamaged.
• You remain responsible for your own inspection, receiving, tendering and claims procedures, and for any decision you take having regard to the Output.

The Demonstration Tool

The Demonstration Tool is provided free of charge and without registration, so that you can evaluate the Service.

It is rate limited by internet protocol address. It is provided “as is” and “as available”, with no commitment as to availability, speed or continuity, and we may limit, suspend or withdraw it at any time without notice.

Do not submit to it any material you are not free to share with a third-party service provider, or that contains personal or confidential information beyond what the evaluation requires.

Pilots and Plans

The scope, duration, included volume and price of a Pilot or a Plan are those published on our pricing page when you take it up, or as otherwise agreed between us in writing.

A Pilot is free for the period stated on that page. It does not convert automatically into a paid Plan, and no payment card is required to start one.

A Plan runs for successive monthly periods and is invoiced monthly in advance. Either party may end a Plan with effect from the end of the period already paid for. Fees are exclusive of sales, use, value-added and similar taxes, which you pay in addition where they apply. We may suspend the Service if an invoice remains unpaid after we have asked for payment and allowed a reasonable period.

We may change the fees for a Plan on at least thirty days’ notice, taking effect at the start of the next monthly period. If you do not accept the change, you may end the Plan before it takes effect.

Your content stays yours

As between us, you own Customer Content and everything in it. These Terms transfer no ownership of it to us.

You grant us a non-exclusive, worldwide, royalty-free licence to host, process and transmit Customer Content, and to make the technical changes to it that transmission requires, only so far as necessary to provide the Service to you and only for as long as that processing takes.

We do not use Customer Content to train, fine-tune or evaluate models, do not add it to any dataset, and do not disclose it to anyone other than the service providers described in our privacy policy. We will not use Customer Content as a reference or example without your written consent.

You confirm that you hold the rights necessary to submit Customer Content, and that submitting it and having it processed under these Terms does not infringe anyone else’s rights or break an obligation you owe to someone else.

Our intellectual property

The Service, including all software, models, interfaces, documentation and materials in it, and all intellectual property rights in them, remain ours or our licensors’.

Subject to these Terms and to payment of any applicable fees, we grant you a non-exclusive, non-transferable, revocable right to use the Service and the Output for your internal business purposes during your Pilot or Plan. All rights not expressly granted are reserved.

You may use, reproduce and disclose the Output in the ordinary course of your business, including with your customers, carriers and insurers, subject to clause 4.

Acceptable use

You must not, and must not allow anyone else to:

• use the Service in breach of any applicable law, or submit material that is unlawful to hold, process or transmit;
• submit material belonging to someone else without the rights needed to do so;
• interfere with or disrupt the Service, work around any rate limit or access control, or conduct security testing without our prior written consent;
• reverse engineer, decompile or disassemble the Service, or try to derive its underlying models or source code, except so far as that restriction is prohibited by law;
• use the Service to build a competing product, or to benchmark it for publication, without our prior written consent;
• resell, sublicense or otherwise make the Service available to a third party except as we have agreed in writing; or
• present the Output as a certified inspection, a survey or a determination of liability, or otherwise misrepresent what it is as described in clause 4.

Privacy and data protection

Our handling of personal information in connection with the Service is described in our privacy policy, which forms part of these Terms.

Where Customer Content submitted under a Pilot or a Plan contains personal information, you decide what is submitted and why, and we handle it on your instructions. Where applicable law requires a data processing agreement between us, we will enter into one; our standard form is available on request.

Availability and support

We will make reasonable efforts to keep the Service available, but we do not warrant that it will be uninterrupted or error-free. It may be unavailable during maintenance, and it can be affected by failures of networks, hosting infrastructure or the third-party providers the analysis depends on.

No service level agreement applies unless we have agreed one with you in writing. Support is by e-mail to the address in clause 1.

Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill.

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service and the Output are provided “as is” and “as available”, and we disclaim all other warranties and conditions, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy and non-infringement.

In particular, we do not warrant that the Service will detect any given instance of damage, that it will not report damage where there is none, or that the Output can be relied on without human verification.

Limitation of liability

Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded or limited.

Subject to the paragraph above, neither party is liable for lost profits, lost revenue, lost business, lost anticipated savings, loss of goodwill, or loss or corruption of data, or for any indirect, incidental, special, consequential or punitive damages, however arising and whether or not the party was advised of the possibility.

Subject to the first paragraph of this clause, we are not liable for any loss arising from a decision taken or not taken in reliance on the Output, including accepting or rejecting goods, or making, defending or settling a claim.

Subject to the first paragraph of this clause, our total liability arising out of or in connection with these Terms in any twelve-month period will not exceed the fees you paid us in that period. Where the Service is used without charge, including through the Demonstration Tool or a Pilot, our total liability will not exceed one hundred United States dollars (USD 100).

Indemnity

You will indemnify us against any liability, cost, expense, damage or loss we suffer arising out of a third-party claim that Customer Content, or our processing of it under these Terms, infringes that third party’s rights or breaks applicable law.

Suspension and termination

You may stop using the Service at any time, and may end a Plan as described in clause 6.

We may suspend or terminate access immediately if you are in material breach of these Terms, if your use threatens the security, integrity or availability of the Service, or if the law requires it. Where the circumstances allow, we will tell you first and give you a reasonable opportunity to put it right.

Termination does not affect rights or liabilities that accrued before it. Clauses 4, 7, 8, 12, 13, 14, 17 and 18 survive termination.

Changes to these Terms

We may amend these Terms. The version and date of the current text are shown at the top of this page. Where an amendment materially affects a Plan, we will notify the Customer by e-mail at least thirty days before it takes effect, and continued use of the Service after that date means the amended Terms apply.

Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, including non-contractual disputes and claims, are governed by the law of Bulgaria, and the courts of Bulgaria have exclusive jurisdiction, without prejudice to any right you may have under mandatory law to bring proceedings where you are domiciled.

Before starting proceedings, each party agrees to raise the matter with the other by e-mail and to allow thirty days for it to be resolved.

General

These Terms, together with our privacy policy and any order or written agreement referring to them, are the entire agreement between us on their subject matter and replace any earlier statements or understandings.

If any provision is held invalid or unenforceable, the rest remains in force and that provision applies to the fullest extent permitted.

A failure or delay in exercising a right is not a waiver of it. You may not assign or transfer your rights under these Terms without our written consent; we may assign these Terms in connection with a transfer of our business.

Neither party is liable for a failure to perform caused by events beyond its reasonable control. Notices under these Terms are given in writing by e-mail to the addresses the parties use for correspondence.