Terms of Service and Privacy Policy

Last updated and effective date: 10 October 2024

Introduction

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”, “TERMS” OR “TERMS OF SERVICE”) AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY STORE VISION AI (REFERRED AS “THE SERVICE”, “THE SITE”, “WE”, “US” AND “OUR”). BY USING THIS WEBSITE AND ALL PREMIUM KPI SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THESE WEBSITES AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING INCREASESALESAI.COM AND GETMORECUSTOMERSAI.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

If you do not agree to these Terms of Service, DO NOT USE OUR SERVICES.

If you are under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

Copyright

Unless otherwise stated, all Website materials, including, without limitation, all text, graphics, videos, code, surveys, materials, audio, programs, licenses, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Premium KPI.
You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only.
Any other use of the materials in this Website—including any commercial use, reproduction for purposes other than described above, modification, distribution, transmission, license, publication, republication, creation of derivative works, display, or performance—without the prior written permission of Premium KPI is strictly prohibited.

Copyright Notice

Modification of Terms of Service

At its sole discretion, The Site may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the websites or Service or by sending you an email. The Service may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Trademarks

Premium KPI, the Premium KPI logo, Store Vision AI, the Store Vision AI logo, results realized, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of Premium KPI and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of Premium KPI.
All other trademarks, registered trademarks, company names, product or service names are either trademarks or registered trademarks of their respective owners.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by The Site. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by The Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using The Site, you agree that the Service is intended solely for the purpose of creating AI video analysis of your business or other businesses for whom you have obtained explicit written consent. You acknowledge and agree that when creating AI video analysis of other businesses, you must have their express written consent to use their video footage and information to create, train, and generate AI-powered video analysis for them.

You agree to use the Service strictly for lawful and ethical purposes.

By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on The Service’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures The Service may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

DMCA and Takedowns Policy

The Service utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to cso@premiumkpi.com and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

Service Description

The Service provides AI-powered video analysis for physical retail stores on a pay-per-analysis basis. Each analysis is processed individually and charged separately. We do not offer subscription services or recurring billing.
We offer three tiers of service (Basic, Pro, and Premium), each providing different levels of analysis depth and features.

We reserve the right to:

Modify pricing for any or all tiers at any time without prior notice
Change, add, or remove features from any tier
Introduce new tiers or discontinue existing tiers
Modify the analysis parameters or methodology within each tier
Adjust processing times and delivery methods
Change the payment methods accepted

All such changes take effect immediately upon posting or implementation. Your continued use of the Service after any such changes constitutes acceptance of the new terms and pricing.

Data Security and Retention

We implement industry-standard security measures to protect your data and video submissions, including but not limited to:

Encryption of data in transit and at rest
Secure cloud storage systems
Access controls and authentication requirements
Regular security audits and monitoring
Secure data transmission protocols

However, no method of electronic storage or transmission is 100% secure. While we strive to protect your data using commercially reasonable means, we cannot guarantee its absolute security.

Automatic Data Deletion

All submitted videos are automatically and permanently deleted from our systems after 48 hours (2 days) from the time of upload, regardless of analysis status. It is your responsibility to:

Ensure you have retained your own copy of any submitted videos
Download and save any analysis results before video deletion
Complete any necessary verification of results within the 48-hour period

We are not responsible for any data loss after the 48-hour retention period has elapsed.

AI Analysis Disclaimer and Limitations

Analysis Result

Our Service provides AI-generated analysis of video data. You expressly acknowledge and agree that:

All analyses are performed by artificial intelligence systems which may contain errors, inaccuracies, or misinterpretations
Physical store environments are dynamic and complex, and our AI analysis may not capture all relevant factors
Results are provided “AS IS” without any warranty of accuracy or reliability
Customer behavior patterns identified by our system are statistical approximations and may not reflect actual individual behaviors
We make no guarantees, representations, or warranties regarding: The accuracy of any analysis; The reliability of any results; The suitability of results for any particular purpose; The completeness of any analysis; The consistency of results between different analyses.
Analysis results may vary significantly even for similar input data
Foot traffic analysis and customer flow mapping are estimates based on available video data
We are not responsible for any decisions, actions, or consequences resulting from your use of the analysis results
The Service should not be used as the sole basis for any business, financial, or operational decisions
You are solely responsible for verifying and validating any results before acting upon them
Store layout optimization suggestions are general recommendations and may not account for: Local building codes and regulations; Physical constraints of your space; Specific merchandise requirements; Emergency exit requirements; Accessibility requirements

Video Quality and Analysis Limitations

Our Service is subject to the following limitations:

Analysis accuracy depends heavily on input video quality
Poor lighting conditions may significantly impact results
Camera positioning and angle affect analysis quality
Obstructed views or blind spots cannot be analyzed
Frame rate and resolution limitations may affect tracking accuracy
Environmental factors (reflections, shadows, etc.) may impact results
Multiple moving objects may cause tracking confusion
Rapid movements may not be accurately captured
Certain weather conditions may affect outdoor camera analysis

Data Interpretation

You acknowledge that:

All metrics and KPIs are approximations
Comparative analyses between different time periods may be affected by: Seasonal variations; Special events; Marketing activities; External factors beyond our control
Demographic analysis is probabilistic and should not be used for: Legal compliance; Discriminatory purposes; Personal identification; Marketing targeting without proper consent

Technical Limitations

The Service may be affected by:

Internet connectivity issues
Server maintenance or downtime
Processing queue length
System updates or modifications
Third-party service interruptions
Data transmission delays
Storage capacity limitations
Processing power availability

Limitation of AI Liability

You explicitly agree that we shall not be liable for:

Any errors, omissions, or inaccuracies in AI-generated analyses
Any misinterpretation of video data by our AI systems
Any business decisions or actions taken based on our analysis results
Any direct, indirect, incidental, special, or consequential damages arising from reliance on AI-generated results
Any discrepancies between expected and actual analysis outcomes

You acknowledge that AI technology is inherently probabilistic and may produce varying or unexpected results. The Service should be used as an informational tool only, and not as a definitive decision-making system.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to The Service or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, The Service reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our Service.
By using the Services, you grant to The Site, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes The Site to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by The Service for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to The Service survives termination of this Agreement by any party, for any reason.

Fees and Payments

The Site offers a paid Service.

Our Service operates on a pay-per-analysis basis for AI video analysis of physical store data. You will be charged for each individual analysis requested. By using our Service, you acknowledge and agree that we provide you immediate access to digital content and begin service consumption immediately upon purchase. You expressly waive your right to withdraw from any purchase.
Due to the immediate nature of our video analysis service and the computational resources involved, we do not offer refunds for any purchases made.

Each analysis purchase is final and non-refundable. You are responsible for reviewing the analysis parameters and requirements before making a purchase. We reserve the right to change our pricing at any time without notice. Any price changes will apply to future purchases only.

Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Termination

The Site may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless The Service, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. The Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with The Site in connection therewith.

Links to and From Other Websites

You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties’ websites. Similarly, you may have come to the Site via a link from another website. The terms of service of other websites do not apply to the Site. The Service assumes no responsibility for any terms of service or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by The Service or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless you are otherwise permitted by us to do so in accordance with a license or subject to separate terms.

Limitation of Liability

IN NO EVENT SHALL THE SERVICE OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE SITE OR ITS OWNERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS APPLICATION.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Service reserve the right in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that The Service will not be liable to you or to any third party for any modification or discontinuance of the Site, except as set forth in the “Limitation of Liability” section below.

You understand that we are not responsible for any activities or legal consequences of your use of the Site. Users are responsible for using the Site in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as these Terms. Any violation of these Terms may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Site.

Dispute Resolution by Binding Arbitration

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You and The Service agree that any and all disputes, claims, demands, or causes of action (“Claims”) that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court’s jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You agree that any claim or cause of action arising out of or related to these Terms, the Site, or any services provided must be filed within one (1) year after the event or facts giving rise to the claim or cause of action occurred. To the extent permitted by applicable law, any claims or causes of action not filed within this period are permanently barred.

Prohibition of Class and Representative Actions and Non-Individualised Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Pre-Arbitration Dispute Resolution

Before commencing any arbitration (or suit in small claims court, if available), you agree to provide The Site with a written notice of Claim, and The Site agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information to The Site (“Notice”). The Notice to The Site shall be sent to cso@premiumkpi.com. Where The Site has your contact information, The Site will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party’s Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through informal negotiation within sixty (60) calendar days from the date the Notice is received. If the Claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in Guatemala, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

Arbitration Procedures

The Federal Arbitration Act fully applies to the Arbitration Agreement. The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defence to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offer made by The Service or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claim. The arbitrator’s decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will take place in Guatemala, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Small Claims Court

Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.

Cost of Arbitration

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator’s satisfaction that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator’s award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

Opt Out

You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Claim. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first access the Site. The Opt-Out must be sent to The Service Notice Address. The Opt-Out must include your name, phone number and the email address you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms and will have no effect on any other or future agreements you may reach to arbitrate with us.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Paragraph 2) above titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Paragraph 2 above, titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of Guatemala in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts in Guatemala, and you and The Service each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.
A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

Cookie Policy and Tracking Technologies

We use cookies, web beacons, and other tracking technologies to provide, improve, and promote our Service, as well as for advertising purposes. These technologies are essential for:

Service functionality and performance
Analytics and usage tracking
Advertising through partners including but not limited to Google, Facebook, and other platforms
Database operations through services like Supabase
Session management and security

We do not respond to “Do Not Track” signals from web browsers. You acknowledge and agree that disabling cookies or other tracking technologies may affect the functionality of our Service or make certain features unavailable. You are responsible for managing your browser settings regarding cookies, and you acknowledge that:

Choosing to disable cookies may impair or prevent the use of our Service
We reserve the right to use cookies and tracking technologies as described above regardless of browser settings
Your continued use of our Service with cookie-blocking enabled is at your own risk
We are not responsible for any loss of functionality or features resulting from your cookie settings

If you wish to opt out of tracking technologies, you must manage this through your browser settings. However, please note that certain essential cookies are required for the Service to function properly, and blocking these may prevent you from using our Service entirely.

Privacy Updates for Analytics

In addition to the previous privacy terms, we specifically collect and process:

Video data from physical retail locations submitted for analysis
Store layout and configuration data
Customer flow and movement pattern data
Time-stamped interaction data
Equipment and camera configuration data

This data is processed for the purpose of providing our video analysis service and may be used in aggregated, anonymized form for service improvements.

Data Collection and Usage

We collect and process the following categories of data:

1. Account Data:

Business contact information
Login credentials
Account settings and preferences
Payment information

2. Video Analysis Data:

Store footage
Camera configuration data
Analysis timestamps
Store layout information
Traffic patterns
Customer behavior metrics

3. Technical Data:

IP addresses
Browser type
Device information
Operating system
Access timestamps
Usage patterns
Performance metrics

4. Service Usage Data:

Feature utilization
Analysis requests
Generated reports
Saved preferences
User interactions

Third-Party Data Sharing

We share data with the following categories of third parties:

1. Service Providers:

Cloud storage providers
Payment processors
Analytics services
Security services
Support tools

2. Business Partners:

API integration partners
Analytics providers
Development contractors
Consulting services

Each third party is bound by:

Data processing agreements
Confidentiality obligations
Security requirements
Usage restrictions
Privacy commitments

Data Storage and Transfer

1. Data Storage:

Primary storage in East US (North Virginia) via Supabase / AWS
Encrypted at rest and in transit
Access controlled and monitored

2. International Transfers:

Data may be transferred to other jurisdictions
Protected by Standard Contractual Clauses
Subject to appropriate safeguards
Compliant with local transfer requirements

User Privacy Rights

You have the right to:

Access your data
Correct inaccurate data
Delete your data
Port your data
Restrict processing
Object to processing
Withdraw consent
File a complaint

To exercise these rights:

Email: cso@premiumkpi.com
Response within 30 days
Identity verification required
No fee for basic requests

Children’s Privacy

We do not knowingly collect or process data from individuals under 18 years of age. If we discover such data, we will:

Delete it immediately
Notify relevant parties
Take preventive measures

Marketing Communications

1. Opt-out Options:

Email preferences center
Unsubscribe links
Account settings
Direct contact

2. Marketing Practices:

Consent-based
Clear identification
Opt-out honored within 10 days

Security Breach Procedures

In case of a data breach, we will:

Notify affected users within 72 hours
Provide incident details
Outline potential impacts
Recommend protective actions
Implement corrective measures

Miscellaneous

The Terms of Service are the entire agreement between you and The Site with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Site with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Site shall not be liable for any failure to perform its obligations hereunder due to any cause beyond The Site’s reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with The Site’s prior written consent. The Site may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact Us

For questions regarding the Service, you can get in touch by emailing us at cso@premiumkpi.com.