Daego Terms of Use

Introduction

PXL Vision AG (hereinafter referred to as "PXL", "we" or "us") provides you with the WebApp "Daego" (hereinafter referred to as "WebApp"), a portal solution for use on your compatible end device as well as server services, via which you can scan your identity document issued by an official body (e.g. passport, identity card for foreigners, etc.). The WebApp then compares the scanned data with a selfie created via the WebApp and, if successful, generates a digital proof of identity for use with transaction partners.
The digital proof of identity enables you to carry out a transaction with corresponding providers (e.g. mobile phone providers, banks, web shops, etc. - hereinafter referred to as "transaction partners").

In order to carry out a transaction, you will be requested by a transaction partner (e.g. when concluding an online contract) to either click on a link to the WebApp provided by them with a transaction code or, after directly entering the web address of the WebApp and scanning the documents described below, to enter a transaction code or scan a QR code provided by them.
The WebApp identifies you as the holder of the scanned official identification document during the transaction. For verification through the transaction partner, the collected data is additionally transmitted to the transaction partner when the transaction is initiated, who stores it in accordance with his data protection requirements.
The verification of your identity document with the taken selfie is carried out as follows:

By focusing on the ID document with the camera of the end device and triggering it, the web app photographs and scans your ID document and identifies the personal data contained therein via text recognition.

In addition, the complete photo of the ID document with the additional security features (such as hologram and design elements) is captured.
After scanning the document, you will be asked to film a short video of yourself via the camera connected to the end device.
The data, photos and video collected by the WebApp are transmitted from your end device via a secure connection in real time to SOC 2 certified servers located in Switzerland, where they are processed and stored. On PXL's systems, the collected data is then compared against each other and the collected photo is checked against the selfie video in relation to the biometric data. Furthermore, the photo of the identity document is verified. After completion of the verification, your consent to the transmission of the collected identification data and image files to the transaction partner is requested and, if you consent, the data is transmitted to the transaction partner who provided you with the link to the WebApp or the transaction ID or the barcode to carry out the identification process, for confirmation of the identity and, if applicable, for storage in your customer account there.

The contractual use of the WebApp and the identification process is free of charge for you.
The use of the WebApp on a mobile phone may result in mobile phone data connections, the calculation or volume charging of which will depend on the data tariff of your network operator.

Provisions of Use

The precondition for the use of the identification and verification functionality of the WebApp is the provision of a transaction code or a link or QR code by a transaction partner.
The WebApp is not linked to the creation of a permanent user account with PXL, verification is only carried out once for the assigned transaction code. If you identify yourself again for another service via the WebApp, the scanning and verification process must be repeated.
Unless you explicitly allow PXL to use the collected identification data for purposes of scientific development and improvement of the machine learning processes underlying the identification procedure, your identification data will be deleted after transmission to the transaction partner. The transaction partner stores this data in accordance with its data protection guidelines, of which you should take note separately.
If you do not fully agree with these contractual terms, please do not continue the identification process and ask the transaction partner for alternative identification options.
Rights to the Selfie Video

In order to use the WebApp, you are required to provide your personal data and the selfie video you have created. You hereby grant PXL the right to use the video you have created, free of charge and for an unlimited period of time and location, in order to create and maintain the digital identity, to carry out the verification process and to improve the technical processes (provided you have consented to this) and you waive your rights to your own image within the scope of the necessary processing of the image data. You can revoke this consent at any time by sending an e-mail to privacy@pxl-vision.com.
Exclusion of Warranty

The WebApp provided free of charge and the associated services are provided "as is", i.e. with all errors that may exist and to the exclusion of any kind of assurances or promises. PXL hereby disclaims all warranties.
Compatibility with the operating systems and end devices used by the user is not guaranteed at any time.
The use of the WebApp to verify the identity is therefore at the user's own risk, and the successful use of the App to initiate a transaction via the App is also not guaranteed.
PXL´s Liability

PXL is only liable for damages if these are based on a breach of an essential contractual obligation or on intentional or grossly negligent behaviour by PXL, its legal representatives or vicarious agents. If an essential contractual obligation is breached due to slight negligence, PXL's liability is limited to the foreseeable damage typical for the contract. An essential contractual obligation is given in case of obligations, the fulfilment of which makes the proper execution of the contract possible or on the observance of which the customer has relied and could have relied.

Any further liability, including liability for indirect damages, consequential damages and loss of profit, is excluded.
Data Protection
PXL is committed to protecting your privacy. It is our goal to make your use of our products and services as user-friendly, reliable and secure as possible, while always protecting your personal information as defined in PXL's Privacy Policy ("Privacy Policy"). For information about our privacy practices please see the Privacy Policy.
Before using the verification process, we ask for your explicit consent that PXL may collect and process personal data, including special categories of personal data within the meaning of Article 9(1) of the General Data Protection Regulation or Article 3(c) of the Swiss Data Protection Act, via the WebApp, such as biometric data.
We also collect data on identification documents that the app could not read, photos and videos where human verification and the app provide different results, and data on successful verifications.
For more information, please read the Privacy Policy, which is hereby made part of your User Agreement.
Please note that separate privacy policies apply to downloads of the Software via the App Stores (e.g. Apple and Google), which you should be aware of when using the App Store. PXL assumes no responsibility for the data processing of these providers.
Other

This agreement is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).
The place of jurisdiction for all disputes between PXL and its users is Zurich.
PXL may, however, also sue the user at the user's domicile or place of residence.
PXL may transfer its rights and obligations under the contract in whole or in part to a third party if the performance of the contract is not impaired or endangered thereby and no overriding legitimate interests of the user are opposed.
These Terms of Use shall apply in their current version at the time of the respective use of the WebApp.

If individual provisions of this agreement are or become invalid, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected thereby.
Contact to PXL:

Email: info@pxl-vision.com or support@pxl-vision.com

Adress: PXL Vision AG, Mühlebachstrasse 164, CH-8008 Zürich, Schweiz

Contact Form: https://pxl-vision.com/contactus/