Terms & Conditions

Eicon Vision Pvt Ltd ("the Services")

Effective Date: 27th November 2025

Please read these Terms & Conditions ("Terms") carefully before using the Services (the mobile App, website and related services) provided by Eicon Vision Pvt Ltd ("Eicon", "we", "us", or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

1. Owner and Operator Information

The Eicon mobile application ("App") and all associated services, including the artwork recognition system, database infrastructure, APIs, and content moderation tools (collectively, the "Services"), are owned and operated by:

Eicon Vision Pvt Ltd

CIN: U63119TN2024PTC174687

Registered Office: No. 4, Dr. Radhakrishnan Salai, 2nd Street, Mylapore, Chennai - 600004, State Name - Tamil Nadu.

Email: info\@eiconvision.com

Data Protection / Privacy Contact: info\@eiconvision.com

Eicon Vision Pvt Ltd ("Eicon", "we", "us", or "our") is a private limited company incorporated under the laws of India and primarily engaged in the development and operation of visual recognition technologies, metadata management systems, and digital platforms for cultural institutions, collectors, and art audiences.

By downloading, accessing, or using the Eicon App or Services, you acknowledge that the Services are provided by Eicon Vision Pvt Ltd and that any communication, complaints, privacy inquiries, or legal notices should be directed to the above contact details.

2. User Restrictions and Access

2.1 Eligibility and Account Registration

By accessing or using the Platform, the User represents and warrants that they:

1. are at least thirteen (13) years of age or the age of majority in their jurisdiction;

2. have the legal capacity to enter into a binding contract; and

3. are not barred from accessing or using the Platform under any applicable laws.

Eicon reserves the right, at its sole discretion, to refuse registration, suspend access, or terminate any User account where eligibility requirements are not met or where information provided is found to be inaccurate, incomplete, or misleading.

2.2 Permitted Use and Access Limitations

Access to the Platform is granted solely for lawful purposes and in accordance with these Terms. Users shall not access or use the Platform in any manner that:

1. violates any applicable law, regulation, rule, or third-party right;

2. infringes upon or misappropriates any intellectual property rights;

3. interferes with or disrupts the integrity, security, performance, or availability of the Platform;

4. circumvents, bypasses, or attempts to defeat any technical protections, authentication measures, or usage limitations implemented by Eicon;

5. damages, disables, or overburdens any servers, networks, systems, or infrastructure connected with the Platform.

Eicon reserves the right to monitor the User's access and use of the Platform for compliance, security, performance, and operational purposes. Eicon may restrict or limit access to specific features, functionalities, or services as required for maintenance, upgrades, legal compliance, or internal policy.

2.3 Prohibited Activities

Without limiting the generality of the foregoing, Users expressly agree not to:

1. copy, reproduce, modify, adapt, distribute, publicly display, or create derivative works of the Platform or any content therein, except as expressly permitted in writing;

2. reverse-engineer, decompile, disassemble, or attempt to extract the source code or underlying algorithms of any software used by the Platform;

3. deploy automated scripts, bots, crawlers, scrapers, data-mining tools, or similar technologies without prior written authorization from Eicon;

4. upload, publish, or transmit any viruses, malware, harmful code, offensive content, or materials that violate law or public policy;

5. impersonate any person or entity, or misrepresent their identity, affiliation, or authority;

6. use the Platform to engage in any fraudulent, misleading, abusive, harassing, or otherwise inappropriate conduct;

7. interfere with or manipulate the pricing, submission, display, or functioning of any listings, artworks, creatives, or data available on the Platform;

8. access or attempt to access any data, system, or information not intended for the User.

2.4 Suspension, Restriction, and Termination of Access

Eicon may, in its sole discretion and without prior notice, suspend, restrict, or permanently terminate the User's account and/or access to the Platform where:

1. a violation of these Terms or applicable law is suspected or confirmed;

2. suspicious, fraudulent, harmful, or unauthorized activity is detected;

3. required by law enforcement, regulatory authorities, or court order;

4. continued access may pose a security, operational, or reputational risk to Eicon, its Users, or third parties.

Eicon shall not be liable for any consequences, loss, or damages arising from suspension or termination of access under this clause. In cases of termination due to violation, Users may forfeit any licenses, privileges, or content associated with their account.

2.5 Non-Transferability of Accounts

User accounts are strictly personal and non-transferable. Users shall not sell, assign, lease, license, sublicense, or otherwise transfer their account or access rights to any third party. Any attempted transfer in violation of this clause shall be deemed void and may result in immediate suspension or termination of the account.

2.6 No Guarantee of Continuous Access

Eicon does not guarantee uninterrupted or error-free access to the Platform. The Platform may be temporarily unavailable due to maintenance, upgrades, system failures, network issues, force majeure events, or factors beyond Eicon's control.

Eicon reserves the right to modify, suspend, withdraw, or discontinue any part of the Platform, including features, tools, or services, at any time without prior notice. Eicon shall not be liable for any loss, inconvenience, or damage resulting from such limitations or interruptions.

3. Acceptable Use

3.1 Permitted Use

Subject to your continued compliance with these Terms and Conditions, Eicon Vision Pvt Ltd ("Eicon") grants you a limited, revocable, non-exclusive, non-transferable licence to:

1. access and use the Eicon mobile application, website, APIs and related services ("Services") strictly for your own personal, non-commercial purposes; and

2. download or print one copy of any publicly accessible information or materials made available through the Services solely for personal, non-commercial use, provided that you do not remove, alter, obscure or modify any copyright, trademark, attribution, licence-related or proprietary notices contained in or accompanying such material; and

3. view and access your own User Contributions (including metadata, labels, images, or other information you submit through the Contribution Flow), subject to the visibility tier and licensing selection you have chosen.

No other rights are granted to you by implication or otherwise.

3.2 Prohibited Use

Except as expressly permitted above, you shall not, and shall not permit any third party to:

3.2.1 Use of Content and Materials

1. copy, reproduce, store, download, distribute, publish, broadcast, display, transmit, modify, translate, adapt, edit, create derivative works from, or otherwise use any portion of the Services, Content, or User Contributions (other than your own lawful submissions), whether in whole or in part;

2. remove, obscure or delete any copyright or other proprietary notices or metadata included with or embedded in any materials accessed or downloaded from the Services;

3.2.2 System and Security Restrictions

1. circumvent, disable, attempt to bypass, or otherwise interfere with any security, authentication, rate-limiting, geographic-gating, visibility-tier controls, moderation, or other technical protection measures implemented by Eicon;

2. introduce, upload, or disseminate any viruses, trojans, worms, logic bombs, malicious code, corrupted data, or other harmful technology into the Services;

3. access, probe, scan or test the vulnerability of any system or network associated with the Services, or attempt to breach any authentication or security measures;

3.2.3 Data Scraping and Harvesting Restrictions

1. collect, mine, harvest, or extract any data (including artwork metadata, embeddings, vector fingerprints, images, or user information) using automated tools, bots, spiders, scrapers, crawlers, or similar technologies, except where expressly permitted by Eicon under written agreement;

2. attempt to intercept, decrypt, analyse, or decipher any communications, API responses, tokenised transmissions, server interactions, or model inference operations between the Services and Eicon's backend systems;

3.2.4 Unlawful or Misleading Use

1. use the Services in any manner that is illegal, fraudulent, harmful, deceptive, misleading, defamatory, infringing, obscene, or otherwise objectionable, including misuse of artwork identification results or manipulation of recognition accuracy feedback;

2. submit any content that violates the rights of third parties, including intellectual property rights, privacy rights, personality rights, database rights, moral rights, or confidentiality obligations;

3.2.5 Service Interference and Load Misuse

1. use the Services in a way that could damage, disable, disrupt, impair, or overload Eicon's systems, including the Recognition Service, vector search infrastructure, metadata pipelines, ingestion systems, or moderation workflows;

2. artificially inflate or manipulate usage metrics, feedback signals, contribution quality scores, or gamification elements, including bulk uploads or automated submissions designed to distort recognition accuracy or training data;

3.2.6 Commercial and Competitive Restrictions

1. use, access, or attempt to use the Services to train, improve, benchmark, test, or reverse engineer any artificial intelligence models, vector similarity systems, OCR pipelines, or metadata enrichment tools, whether for academic, commercial, or competitive purposes;

2. use the Services or any output for commercial gain, resale, sublicensing, dataset creation, database compilation, or any form of commercial exploitation unless expressly authorised in writing by Eicon;

3.2.7 Linking and Integration Restrictions

1. link to, deep-link to, iframe, mirror, or otherwise integrate with the Services without Eicon's prior written consent;

2. use the Services as part of any external application, service, plugin, extension, integration, or automated workflow except via an official API or SDK explicitly authorised by Eicon;

3.2.8 Other Restrictions

1. change, delete, obscure, or tamper with any attribution, authorship metadata, licensing information, or source links provided by cultural institutions, galleries, or museums;

2. upload images or metadata for which you do not hold the necessary permissions, licences, or rights.

3.3 Requests to Link to the Services

If you wish to include a hyperlink, deep link, or reference to any page, screen, or resource within the Services, you must first obtain express written permission from Eicon by contacting: info\@eiconvision.com

Your request must include:

1. the URL(s) of the page(s) from which you propose to link; and

2. the specific URL(s) or application screen(s) within the Services to which you intend to link.

3.4 Eicon's Right to Approve or Reject Linking Requests

Eicon may, at its sole and absolute discretion:

1. Approve,

2. impose conditions upon, or

3. reject

any request made under this clause. Eicon is under no obligation to provide reasons for its decision. Eicon may revoke any previously granted linking permission at any time without prior notice.

4. Mobile Services and Device Permissions

4.1 Availability of Mobile Services

Eicon Vision Pvt Ltd ("Eicon") provides the Services primarily through a mobile application designed for compatible iOS and Android devices. Access to certain features of the Services may require:

1. a supported mobile device,

2. an active internet or mobile data connection,

3. access to device hardware (e.g., camera, sensors), and

4. installation of the most recent app version.

Eicon does not guarantee that the Services will be available on every device, operating system, or software configuration, nor that all features will function identically across devices.

4.2 Network and Carrier Charges

You acknowledge and agree that your mobile network provider may charge:

1. data usage fees,

2. SMS or communication fees (if applicable),

3. roaming charges, and

4. other carrier-related costs

which are solely your responsibility. Eicon is not liable for any such fees.

4.3 Device Permissions Required for Core Functionality

Certain Eicon features require access to your device's hardware and system-level services. Depending on your operating system version and device type, you may be prompted to grant or deny permissions.

Eicon may request the following permissions:

4.3.1 Camera Access

1. capturing artwork images,

2. quality checks (blur/exposure),

3. contribution uploads,

4. OCR extraction from labels and QR codes.

Without camera access, artwork identification and contribution flows will not function.

4.3.2 Photo Library / Storage Access

1. selecting images from your device for contributions,

2. temporary caching for faster identification workflows,

3. saving or exporting images or shareable results.

4.3.3 Location Services (GPS / Network Location)

1. suggesting nearby artworks, venues, or exhibitions,

2. enabling location-based visibility tiers (e.g., community or venue-only assets),

3. fraud prevention and accuracy validation of contributions.

Location access is optional, but disabling it may limit certain proximity-based or geofenced features.

4.3.4 Notifications (Push Notifications)

1. alerting you when new matches become available for previously unmatched scans,

2. updates on contribution reviews or moderation outcomes,

3. service updates or feature announcements.

Notifications can be disabled in your device settings.

4.3.5 Internet / Network Access

1. image upload and AI inference,

2. metadata retrieval,

3. syncing favourites, history, feedback, and contributions.

Offline use is limited to cached content where applicable.

4.4 Your Responsibility for Device Security

You are responsible for maintaining the security of your device and operating system, including:

1. installing OS and security updates,

2. protecting your device with passcodes or biometric locks,

3. preventing unauthorized access to your account.

Eicon is not responsible for:

1. data loss caused by device malfunction,

2. corruption due to unsupported OS versions,

3. security breaches arising from jailbroken/rooted devices,

4. unauthorized access resulting from your failure to secure your device.

4.5 App Updates and Modifications

Eicon may, at its discretion:

1. release updates, patches, bug fixes, or new versions;

2. modify, suspend, or discontinue certain features;

3. require you to install the latest version to continue accessing some or all Services.

You acknowledge that:

1. older versions may cease to function,

2. features may be added or removed without notice,

3. certain performance or AI-model improvements require app updates.

Eicon has no obligation to maintain backward compatibility with outdated devices or operating systems.

4.6 App Store and Distribution Platform Terms

If you download the Eicon App from the Apple App Store, Google Play Store, or any authorised distribution platform, you acknowledge that:

1. these platforms may impose additional terms and conditions,

2. their terms form part of these Terms by reference,

3. Apple, Google, or other platform providers are third-party beneficiaries of these Terms.

You agree that:

1. the platform provider has no responsibility for support, maintenance, or warranties except as required by applicable law;

2. the platform provider is not responsible for handling claims relating to the Services, including intellectual property claims.

4.7 Prohibited Mobile-Related Activities

You shall not:

1. use automated systems or emulators to access the mobile app or recognition system;

2. interfere with device sensors, metadata, or environment to manipulate results;

3. upload artificially altered, synthetic, or AI-generated images intended to deceive the recognition pipeline;

4. perform actions that degrade performance for other users (e.g., automated scanning);

5. use the Services on devices that are jailbroken, rooted, or intentionally compromised.

4.8 Mobile Service Interruptions

Eicon does not guarantee uninterrupted mobile service. Interruptions may occur due to:

1. cellular coverage, Wi-Fi availability, or network congestion,

2. device hardware or OS failure,

3. third-party cloud service disruptions,

4. app updates or maintenance.

Eicon is not liable for any loss, damage, or inconvenience arising from such interruptions.

4.9 Consent for Use of Device Capabilities

By installing or using the Eicon App, you provide consent for the App to:

1. access the device capabilities listed in Clause 4.3,

2. process images, metadata, and device sensor inputs locally or through Eicon's servers,

3. use network connectivity to transmit data for recognition, moderation, and storage as described in the Privacy Policy.

You may withdraw permission at any time through device settings; however, doing so may limit key features or render portions of the Services inoperable.

5. User Content and Licensing

5.1 Ownership

You retain ownership of all images, metadata, artwork information, contributions, corrections, enrichment fields, and any other content ("User Content") you upload or submit through the Services.

5.2 Licence to eicon

By submitting User Content, you grant Eicon Vision Pvt. Ltd. a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to:

1. host, store, reproduce, transmit, display, and distribute the User Content;

2. process, normalise, index, vectorise, and enrich User Content;

3. create embeddings, derivatives, and machine-learning features;

4. use User Content for improving recognition accuracy, training models, and operating the Services;

5. use User Content in metadata correction, catalogue-building, moderation workflows, and ingestion pipelines.

This licence continues for as long as the User Content is available on or used by the Services, and survives account termination to the extent permitted by law and described in these Terms.

5.3 Warranties

You warrant that:

1. you own or have all necessary rights to submit the User Content;

2. the User Content does not infringe any intellectual property or privacy rights;

3. the User Content is lawful, accurate, and not misleading.

5.4 Removal and Retention

Eicon may remove User Content that violates these Terms. Certain derived data (including embeddings and metadata corrections) may be retained in anonymised form even after deletion or account termination.

6. Your Responsibilities

6.1 Indemnity

Indemnity obligations are governed by Section 18 of these Terms.

6.2 Prohibition on Text and Data Mining, Scraping, and Automated Access

You shall not conduct, facilitate, authorise, or permit any text or data mining, scraping, harvesting, or automated extraction in relation to the Platform or any part of the Services. This includes the use of, or attempts to use:

1. any "robot," "bot," "spider," "crawler," "scraper," "indexer," "automated agent," or similar tool, device, program, or process;

2. any automated technique or software aimed at analysing text, images, metadata, catalogues, artwork listings, user submissions, or other digital content, whether to detect patterns, correlations, datasets, or for the purpose of training machine learning or artificial intelligence systems;

3. any bulk-copying, caching, mirroring, replication, or downloading of the Platform, its databases, artwork images, metadata, cataloguing outputs, authorised operational user uploads, seller uploads, or other Platform Content.

You further agree that you will not:

1. attempt to bypass, disable, defeat, or circumvent any security, rate limits, authentication features, permissions, or access-control measures implemented within the Platform;

2. use the Platform in a manner intended to generate a competing dataset, dataset derivative, intelligence product, or third-party commercial/AI training corpus;

3. access or attempt to access the Platform through any unauthorised API endpoint, script, or interface not expressly provided by Eicon.

6.3 Reservation of Rights

The prohibitions in this Section 6 constitute an express reservation of Eicon's rights to prevent unauthorised extraction, reproduction, use, or exploitation of its Platform Content, including for the purposes set out under Article 4(3) of the EU Digital Copyright Directive (Directive (EU) 2019/790) and any equivalent legislation applicable in other jurisdictions.

This clause shall not apply to the extent that Eicon is legally prohibited from restricting text or data mining by contract under the laws applicable to Eicon or to the User. In such cases, the restriction shall apply to the fullest extent permitted by law.

7. Security

7.1 Account Credentials and Confidentiality

If you create an account or are provided with a username, password, authentication token, API key, or other credential as part of Eicon's security protocols, you must treat this information as strictly confidential and must not disclose it to any third party.

7.2 Responsibility for Account Activity

You are solely responsible for all activity conducted under your account, whether by you, any authorised operational user acting on your behalf, or any unauthorised third party who gains access due to your actions or omissions.

Eicon is not liable for losses resulting from unauthorised use except as required by applicable law.

7.3 Duty to Notify Us

You must promptly notify Eicon if you become aware of or suspect:

1. any unauthorised access to your account;

2. any security breach affecting your credentials or device;

3. loss, theft, compromise, or misuse of any device through which you access the Platform; or

4. any activity that appears fraudulent or inconsistent with your normal use.

Eicon may, at its discretion:

1. suspend access to your account,

2. require a credential reset, or

3. take any other security measures deemed necessary.

7.4 Security of Devices and Networks

You agree to ensure that your phone, tablet, or other device used to access the Platform is kept secure, including by:

1. using up-to-date operating systems and security patches;

2. enabling device-level authentication (passcode, biometrics);

3. preventing unauthorised persons from accessing your unlocked device;

4. refraining from installing or using the Platform on devices that are jailbroken, rooted, compromised, or otherwise modified in ways that undermine security protections.

7.5 Prohibition on Credential Sharing and Multi-User Access

Accounts are personal and may not be shared, transferred, or used by multiple individuals unless expressly permitted under a written agreement with Eicon for authorised operational users.

7.6 Eicon's Rights to Protect Security

Eicon reserves the right, without prior notice, to:

1. disable or suspend any user account;

2. revoke access tokens;

3. reset or require reset of passwords; or

4. block specific devices, IP addresses, or sessions

if Eicon reasonably believes that the account has been compromised, is being used in violation of these Terms, or poses security, privacy, legal, or operational risk.

8. Use of the Services

8.1 Eligibility

You must be at least 13 years old (or as per local laws) to use the Services.

8.2 Account

To use certain features (like saving favourites, contributing), you need to create an account (Google / Apple / Email).

8.3 License

Eicon grants you a limited, non-exclusive, non-transferable, revocable license to use the App on your device in accordance with these Terms.

9. User Obligations

9.1 Accurate Information

You agree to provide accurate and complete information when creating an account. Do not impersonate others or create multiple accounts.

9.2 Security

You are responsible for keeping your login credentials secure. Notify us immediately if you suspect unauthorized access.

9.3 User Content / Contributions

If you submit images or metadata (via the contribution flow), you grant Eicon the rights as per the license you choose (Public / Venue-only / Private).

You confirm you have the necessary rights / permissions to submit the content.

Your contributions must not violate third-party rights (e.g., copyright, privacy) or applicable law.

10. Feedback & Accuracy

The recognition results are provided "as-is". While we strive for accuracy, no result is guaranteed to be correct.

Your feedback (thumbs up/down) helps improve the system. By providing feedback, you acknowledge that it may be used to retrain our model.

11. Changes to and Operation of the Services

11.1 Service Modifications

Eicon may, at its sole discretion, modify, update, enhance, discontinue, or remove any feature, functionality, component, or module of the Services at any time. This includes (but is not limited to) updates to:

1. the AI/ML recognition models,

2. cataloguing tools and ingestion pipelines,

3. operational tools for authorised users,

4. marketplace features,

5. UI/UX layouts,

6. backend architecture or security protocols.

These changes may occur with or without notice.

11.2 Service Availability and Maintenance

Eicon may suspend, limit, or restrict access to all or any part of the Services, temporarily or permanently, in order to:

1. perform maintenance, upgrades, or repairs;

2. update datasets or AI models;

3. address security concerns;

4. resolve operational or technical issues;

5. comply with legal, regulatory, or policy requirements.

Eicon will not be liable for any unavailability, downtime, or disruption of any kind.

11.3 Updates and New Versions

Updates to the Eicon application or platform may be released periodically through the Apple App Store, Google Play Store, or other authorised channels. Depending on the update:

1. you may be required to download and install the latest version to continue using the Services;

2. certain features may not be available until the update is completed;

3. acceptance of updated Terms & Conditions may be required.

Failure to install updates may result in reduced functionality or inability to access the Services.

11.4 No Obligation to Continue Services

Eicon reserves the right to discontinue the Services (in whole or in part), or to cease supporting specific features or user groups (including legacy devices), at any time. Continued access is not guaranteed.

12. Transfer of Rights

12.1 Assignment by Eicon

Eicon may transfer, assign, delegate, subcontract, or otherwise deal with any of its rights or obligations under these Terms, in whole or in part, to:

1. any affiliate, subsidiary, parent, or group entity;

2. any entity acquiring all or part of Eicon's business;

3. any entity involved in financing, restructuring, or reorganisation;

4. service providers, contractors, or technology partners engaged to support the Services.

Any such transfer will not affect your rights under these Terms.

12.2 No Assignment by Users

You may not assign, transfer, delegate, or subcontract any of your rights or obligations under these Terms - whether by operation of law or otherwise — without Eicon's prior written consent. Any attempted assignment without such consent shall be void.

12.3 Binding Effect

These Terms shall be binding upon, and shall inure to the benefit of:

1. Eicon and its permitted successors and assigns, and

2. you and your permitted successors (to the extent applicable).

12.4 Continued Enforceability

Any transfer of rights or obligations by Eicon under this Clause shall not:

1. reduce the level of protection afforded to your personal data under the Privacy Policy;

2. diminish Eicon's responsibilities for the operation of the Services before such transfer;

3. constitute grounds for terminating the Terms unless expressly provided by law.

13. Complaints Procedure

13.1 Contact for Complaints

If you have any questions, concerns, or complaints relating to the Services, your account, your data, or any matter governed by these Terms, you may contact Eicon at:

Eicon Vision Pvt. Ltd.\

Email: info\@eiconvision.com

13.2 Handling of Complaints

Eicon will acknowledge receipt of your complaint within a reasonable timeframe and will use reasonable commercial efforts to:

1. investigate the concern;

2. respond with an assessment or proposed resolution;

3. request any additional information required to process the complaint;

4. notify you once the matter has been resolved.

13.3 Escalation

If you are dissatisfied with the initial response, you may request escalation to a senior representative or to Eicon's designated grievance officer (mandatory under India's IT Act, 2000 and SPDI Rules).

For escalation, you may contact:

Grievance Officer (Placeholder)\

Eicon Vision Pvt. Ltd.\

Email: info\@eiconvision.com\

(Full contact details and name to be inserted upon appointment)

The Grievance Officer will address complaints received and endeavour to resolve them within the statutory timelines prescribed under applicable law.

13.4 Data Protection Complaints

Complaints relating specifically to:

1. personal data,

2. privacy rights,

3. access/erasure requests,

4. data retention, or

5. data security

will be handled in accordance with Eicon's Privacy Policy, including provisions required under:

1. India's IT Act & SPDI Rules,

2. GDPR (if applicable to EU users),

3. any other relevant data protection laws.

13.5 No Guarantee of Outcome

Eicon will make reasonable efforts to resolve complaints but does not guarantee that:

1. your requested outcome will be achieved, or

2. that all issues raised can be resolved to your satisfaction.

13.6 Regulatory Complaints

If permitted by applicable law, you may also raise concerns with:

1. your local data protection authority,

2. consumer protection authorities, or

3. other relevant regulatory bodies.

14. Severance

14.1 Independent Operation of Clauses

Each provision of these Terms (and each part of any provision) shall be interpreted as independent and severable from the others. If any provision or part-provision of these Terms is determined by any court or competent authority to be invalid, unlawful, or unenforceable, such provision or part-provision shall be deemed severed from the remainder of the Terms.

14.2 Effect of Invalid or Unenforceable Provisions

If any provision or part of a provision is found to be invalid, unlawful, or unenforceable:

1. the remainder of the Terms shall continue in full force and effect;

2. the invalid or unenforceable part shall be replaced by a valid, lawful, and enforceable provision that most closely reflects the original commercial and legal intent of Eicon and the user.

This shall apply whether the determination is made under Indian law or any other applicable jurisdiction.

14.3 No Waiver of Remaining Rights

The invalidity, unlawfulness, or unenforceability of any particular clause shall not:

1. constitute a waiver of any rights or obligations under the remaining clauses;

2. affect the validity or enforceability of the Terms as a whole.

14.4 Survival

Any provision of these Terms which is expressly or by implication intended to survive severance shall continue in effect notwithstanding removal of any other provision.

15. Termination

15.1 Right to Terminate or Suspend

Eicon may, at any time and at its sole discretion, without prior notice or liability to you or any third party, and without any requirement to provide reasons, take any of the following actions:

1. terminate or suspend your user account (including accounts of authorised operational users, contributors, or general users);

2. restrict, limit, or block your access to all or any part of the Services;

3. disable, suspend, or remove access to any functionalities, including recognition services, contributions, metadata uploads, history, favourites, or feedback tools;

4. remove, delete, archive, or restrict visibility of any User Generated Content, Contribution Data, scans, images, metadata, or associated submissions made through the Services.

These actions may be taken for any reason, including but not limited to:

1. breach or suspected breach of these Terms;

2. violation of applicable law;

3. fraudulent, abusive, or harmful behaviour;

4. security concerns;

5. excessively high-volume or abnormal usage patterns;

6. submission of unlawful or infringing content;

7. operational, legal, or risk-management considerations.

15.2 User Restrictions Following Termination

After termination, suspension, or restriction of your account or access:

1. you shall not create, attempt to create, or use any new account for the purpose of circumventing such termination, suspension, or restriction;

2. Eicon may implement technical and administrative measures to prevent re-registration or continued access (including device ID checks, IP restrictions, or account flagging mechanisms).

15.3 Effect of Termination on User Generated Content

You acknowledge and agree that:

1. Certain User Generated Content or Contribution Data may continue to persist in system logs, backups, archival media, training datasets, audit stores, or operational records for a reasonable period, in accordance with our Privacy Policy and applicable law.

2. Metadata, tagged locations, or derived embeddings generated as part of the artwork recognition and contribution pipelines may continue to be retained, provided such data is processed and stored in a manner compliant with privacy, security, and visibility-tier rules.

3. Some Contribution Data may remain visible within the Services, including where it has been:

1. incorporated into artwork records,

2. used in moderated cataloguing workflows,

3. integrated into metadata corrections,

4. utilised for model improvement or confusion-matrix updates.

4. Where possible, such data will be anonymised or delinked from your identity upon account termination.

15.4 Effect of Termination on Rights and Obligations

Termination of your access or account does not:

1. relieve you of any obligations incurred prior to termination;

2. affect any rights, remedies, or obligations that by their nature or by explicit provision are intended to survive termination, including but not limited to:

1. Intellectual Property clauses,

2. UGC/Content licence grants already exercised,

3. disclaimers and limitations of liability,

4. data use and retention obligations,

5. severance and governing-law clauses.

15.5 Termination by You

You may terminate your account at any time by:

1. deleting your account via the in-app settings (if available), or

2. submitting a written request to info\@eiconvision.com.

Upon user-initiated termination, Eicon will:

1. disable login credentials,

2. delete or anonymise personal data in accordance with our Privacy Policy,

3. retain or transform any required artwork-related metadata as permitted under law and our UGC licence terms.

15.6 No Liability for Termination

To the fullest extent permitted by law, Eicon shall not be liable to you or any third party for:

1. any termination, suspension, restriction, or deletion of your account or UGC;

2. any inability to access the Services following termination;

3. any associated loss of data, favourites, history, scans, metadata, or contributions.

15.7 Continuation of Terms

These Terms shall continue to apply to you even after termination, insofar as they relate to:

1. surviving licence rights,

2. intellectual property,

3. disclaimers,

4. limitations of liability,

5. privacy and data-protection undertakings,

6. governing law and dispute resolution.

16. Disclaimers and Limitation of Liability

16.1 No Warranty

The Services are provided on an "as is" and "as available" basis. Eicon does not warrant that the Services will be uninterrupted, error-free, secure, accurate, or suitable for your specific requirements. To the fullest extent permitted by applicable law, Eicon expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, or data accuracy.

16.2 No Responsibility for User Actions or Content

Eicon is not responsible for:

1. any User Content processed, uploaded, transmitted, or stored through the Services;

2. any actions or omissions by you or your authorised operational users;

3. any loss or damage resulting from reliance on third-party data, integrations, or external systems connected to the Services.

16.3 Limitation of Liability

To the fullest extent permitted by law, Eicon shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or loss of goodwill, whether arising from contract, tort, negligence, or otherwise, even if Eicon has been advised of the possibility of such damages.

16.4 Maximum Aggregate Liability

Subject to Section 17.3, Eicon's total aggregate liability for any claim arising out of or relating to these Terms or the use of the Services shall not exceed the total fees paid by you (if any) to Eicon for the Services in the six (6) months immediately preceding the event giving rise to the claim.

16.5 Exclusions

Nothing in these Terms excludes or limits liability for:

1. death or personal injury caused by negligence;

2. fraud or fraudulent misrepresentation;

3. any liability which cannot be excluded under applicable law.

17. Indemnity

17.1 User Indemnity Obligations

You agree to indemnify, defend and hold harmless Eicon, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. your use of the Services or use by your authorised operational users;

2. any breach of these Terms by you or your authorised operational users;

3. any violation of applicable laws or third-party rights, including intellectual property, privacy, or data protection rights;

4. any User Content uploaded, processed or transmitted through the Services.

17.2 Eicon Indemnity Obligations

Eicon will indemnify and hold you harmless from any third-party claim alleging that the Services, when used in accordance with these Terms, infringe any intellectual property rights of such third party. This indemnity will not apply to claims arising from:

1. misuse of the Services;

2. modifications made by you or on your behalf;

3. use of the Services in combination with third-party systems not approved by Eicon.

17.3 Indemnification Procedures

The party seeking indemnification must:

1. promptly notify the other party of the claim;

2. allow the indemnifying party to assume full control of the defence and settlement;

3. provide reasonable cooperation at the indemnifying party's expense.

17.4 Remedies for IP Claims

If the Services become the subject of an infringement claim, Eicon may, at its discretion:

1. procure for you the right to continue using the Services;

2. replace or modify the Services so they become non-infringing; or

3. if neither option is commercially feasible, terminate access to the affected portion of the Services with reasonable notice.

18. Modification of Terms

We may modify these Terms from time to time. When we do so, we will notify you (e.g., via app notification or email). Continued use of the Services after such notification constitutes acceptance of the updated Terms.

19. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or relating to them shall be governed by the laws of India, excluding its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India, unless otherwise required by mandatory consumer protection laws of your country of residence.

Nothing in this Clause shall limit Eicon's right to seek injunctive, interim, or equitable relief in any jurisdiction where such relief is necessary to protect its rights or interests.

20. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Eicon regarding the Services.

Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

Waiver: Our failure to enforce any right under these Terms is not a waiver of that right.

Assignment: We may assign or transfer our rights under these Terms (e.g., in case of a merger). You may not assign your rights without our prior written consent.

21. Intellectual Property Rights (IPR)

21.1 Eicon Intellectual Property

All rights, title, and interest in and to the Services, including but not limited to:

1. the App and its design, UI/UX, layout, look and feel, and features;

2. recognition algorithms, ML/AI models, neural network weights, embeddings, inference pipelines, and training data generated by the system;

3. all software, APIs, backend infrastructure, metadata schemas, and data architecture;

4. logos, trademarks, service marks, branding, and trade dress;

5. documentation, product specifications, and associated assets;

are and shall remain the exclusive property of Eicon Vision Pvt Ltd and/or its licensors.

No rights or licenses are granted to you other than those expressly stated in these Terms. You may not copy, reverse engineer, decompile, modify, or create derivative works of any part of the Services.

21.2 User-Generated Content (UGC) and Contributions

Users may submit content through the App, including but not limited to:

1. images of artworks, labels, QR codes, gallery walls, or related objects;

2. optional metadata such as title, artist, year, medium, dimensions, or location;

3. feedback and accuracy inputs (thumbs up/down);

4. contributions for database enrichment.

"User Content" refers to all such submitted materials.

21.3 Ownership of User Content

You retain ownership of your original User Content.

However, by submitting Content, you represent and warrant that:

1. You have the necessary rights and permissions to upload and license the content;

2. Your content does not infringe the intellectual property or moral rights of any third party;

3. Your content does not violate applicable law or privacy rights of individuals.

21.4 License Granted to Eicon

By submitting User Content to the App (whether via identification flow or contribution flow), you grant Eicon a worldwide, royalty-free, transferable, sublicensable, perpetual license to:

1. store, use, reproduce, modify, adapt, process, analyze, vectorize, and create derivative works from your content;

2. generate ML embeddings, vector fingerprints, and structured metadata;

3. use content for recognition improvement, database enrichment, model retraining, quality checks, moderation, and research;

4. display metadata and images in the App depending on the visibility tier chosen (Public / Venue-Only / Private).

This license survives account deletion, because the contributions may be integrated into training data or aggregated systems essential to the functioning of the Services.

21.5 Visibility Tiers and Licensing Choices

During the Contribution Flow, users select one of the following licenses:

Public License\

Your content can appear publicly in the recognition results, metadata views, or the artwork database accessible to users.

Venue-Only License\

Content becomes visible only to users inside the venue/geofence. (e.g., museum, gallery, fair)

Private License\

Content is visible only to you and stored securely with restricted access; however, derivative data (e.g., vector embeddings) may still be used to improve recognition models.

Each license grants Eicon the operational rights needed to maintain, improve, and deliver the Services.

21.6 Artwork Image IPR

Eicon does not claim ownership over copyright-protected artworks captured by users.

However:

1. Recognition embeddings and derived ML fingerprints are the proprietary IP of Eicon, even when derived from copyrighted artwork images.

2. Eicon only stores or displays artwork images according to your visibility selection and applicable IPR exemptions (e.g., fair use, educational use, non-commercial research).

3. Where required, Eicon cooperates with rights holders to remove or restrict content.

21.7 Database Rights & Metadata

Eicon owns:

1. the compilation of artwork metadata;

2. the structure and arrangement of the database;

3. deduplicated or normalized metadata;

4. embeddings, search indexes, and classification outputs.

Users do not acquire any database rights by using the App.

21.8 Feedback and Model Retraining

Any feedback or accuracy ratings you provide (thumbs up/down, suggested corrections, or metadata edits) may be used by Eicon to:

1. improve recognition accuracy;

2. retrain or refine the ML model;

3. correct or enhance database records.

You grant Eicon full rights to use this feedback without restriction.

21.9 Prohibited Use

You may not:

1. download, scrape, copy, or export artwork records or metadata except as expressly allowed;

2. use Eicon's embeddings or recognition outputs to build a competing dataset or service;

3. interfere with or circumvent DRM, signed URLs, geofences, or visibility controls;

4. re-use images or metadata from the App for commercial purposes without explicit permission.

21.10 Third-Party IPR

Eicon respects the IPR of museums, artists, estates, galleries, and copyright holders.

If a valid IPR claim is made, Eicon may:

1. remove or restrict access to the content;

2. disable public display;

3. notify the contributing user where appropriate.

A takedown process following DMCA-like principles (or Indian equivalents) shall apply.

21.11 Violation of IPR

If you breach these IPR terms by uploading unauthorized or infringing content:

1. your account may be suspended or terminated;

2. you may be held liable for damages;

3. Eicon may report violations to rights holders or authorities where required.

22. External Websites, Services, and Applications

22.1 Third-Party Links and Services

The App may contain links to or integrate with third-party websites, platforms, or services, including but not limited to:

1. museums, galleries, and institutional collections;

2. metadata sources (e.g., MET, MoMA, NGA APIs);

3. external image hosting services;

4. login providers (Google, Apple, email-based services);

5. share-sheet integrations with apps installed on your device;

6. map/location providers such as Google Maps or Apple Maps.

These third-party services are not controlled or operated by Eicon Vision Pvt Ltd. Eicon is not responsible for:

1. the content, accuracy, availability, or reliability of these services;

2. privacy practices of external websites;

3. any data collection, cookies, or tracking performed by those services;

4. any losses or damages arising from your use of or reliance on external services.

Your use of third-party services is governed by their respective terms and privacy policies.

22.2 Third-Party Content Displayed in the App

Some artwork metadata, images, links, or references displayed in the App may originate from external sources, including public APIs, licensed databases, institution partners, or user-submitted contributions.

Eicon does not endorse and is not responsible for the accuracy, completeness, or legal status of third-party content.

If you believe third-party content displayed in the App infringes rights or violates law, please contact Eicon using the procedure provided in the IPR / Takedown section.

22.3 External Login and Authentication Providers

If you choose to log in using a third-party identity provider (such as Google or Apple), you acknowledge:

1. Eicon may receive limited profile information as permitted by the provider;

2. Authentication is subject to the provider's security practices and uptime;

3. Eicon is not responsible for outages, access issues, or breaches occurring on third-party identity platforms.

You must comply with the terms and privacy policies of the authentication provider you select.

22.4 External Sharing via Share Sheet

When you use the device's share functionality, you may share content to external apps such as:

WhatsApp, Instagram, Facebook, X/Twitter, email clients, messaging apps, etc.

These external apps may collect data, store content, or perform actions outside Eicon's control.

Eicon is not responsible for how these apps use the shared content.

22.5 App Store Terms Apply

Your use of the App is also subject to the terms and policies of:

1. Apple App Store (iOS)

2. Google Play Store (Android)

Eicon does not control or influence App Store rules, billing practices, refund processes, or platform-specific data handling.

Any disputes related to app installation, updates, or store-level data policies should be directed to the respective store operator.

22.6 External Payment or Subscription Providers (If Added Later)

If in the future Eicon offers paid features or subscriptions through external billing providers (e.g., Apple In-App Purchases, Google Play Billing, Stripe, etc.), those transactions are governed solely by the provider's terms.

Eicon does not store or process your payment information directly.

22.7 Disclaimer of Responsibility

To the fullest extent permitted by law, Eicon Vision Pvt Ltd disclaims all liability arising from your interaction with external websites, services, APIs, identity providers, or applications.

You acknowledge that you access these external services at your own risk.

Contact

If you have any questions about these Terms, please contact us at:

Email: info\@eiconvision.com