Terms of Service

Chiasm B.V. - Cloud-Based Eye-Tracking Service

These Terms of Service (“Terms”) govern access to and use of the Chiasm cloud-based eye-tracking service (“Service”). By creating an account, subscribing, or using the Service, you agree to these Terms.

1. About Chiasm

Chiasm B.V. (“Chiasm”, “we”, “us”) provides a cloud-based eye-tracking service that enables researchers and organisations to collect gaze data via participants’ webcams.

Company details:

Chiasm B.V.

Kastelenstraat 255 3, 1082EG Amsterdam, The Netherlands

KvK: 99335719

VAT: NL868938361B01

Email: contact@chiasm.eu

Eligibility

• The Service is intended for use by adults and authorised organisations only.

• You may not use the Service if you are under the age of 18.

• Customers must not knowingly allow individuals under 18 to participate in studies using the Service unless explicitly agreed in writing and supported by appropriate parental consent and legal safeguards.

Business use only

The Service is provided exclusively for business, professional, academic, institutional, or organisational use. The Service is not intended for consumers acting for personal, family, or household purposes. By creating an account or purchasing a subscription, you represent that you are acting in a professional or organisational capacity.

2. Scope of the Service

Chiasm provides access to its platform, software library, API, and supporting infrastructure for research, testing, and analysis purposes.

These Terms apply to standard use of the Service. Any consulting, professional services, or custom development will be governed by separate written agreements.

3. Customer Responsibilities

You are responsible for ensuring that your use of the Service complies with applicable laws and ethical standards.

In particular, customers conducting research studies are solely responsible for:

• study design and methodology

• participant recruitment

• providing participant information and obtaining valid consent

• determining the lawful basis for processing participant data

• obtaining any required ethics or regulatory approvals

Participant consent

Before enabling eye-tracking or collecting any participant data through the Service, you must obtain explicit, informed consent from each participant to use the Chiasm Service on the terms described in your participant information. Your notices must clearly explain that webcam-based eye-tracking data will be collected and processed using Chiasm, identify Chiasm as a processor where applicable, and explain participants' rights.

You must not use the Service with any participant who has not been given a genuine opportunity to provide explicit consent in accordance with applicable data protection, research ethics, and participant-rights requirements, unless a valid alternative lawful basis applies under applicable law and you provide equivalent transparency and safeguards.

Chiasm does not provide medical, scientific, or methodological advice unless expressly agreed in writing.

4. Data Protection and Roles

In most research contexts:

• the customer acts as data controller

• Chiasm acts as data processor

The Data Processing Agreement forms part of these Terms and applies whenever Chiasm processes personal data on behalf of the customer. In case of conflict between these Terms and the DPA regarding personal data processing, the DPA prevails.

By creating an account or subscribing, you accept the DPA alongside these Terms.

If you participate in a study using Chiasm, please contact the organisation conducting the study for questions about data processing.

See Privacy Statement for more information about our processing activities.

5. Access and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

Account security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens. You are responsible for all activity under your account, including activity by users you invite or authorise. You must notify Chiasm promptly at contact@chiasm.eu if you become aware of unauthorised access to your account. You must not share account credentials or API keys with unauthorised parties.

Technical and security restrictions

You must not:

• reverse engineer, decompile, or attempt to extract source code

• circumvent technical safeguards or security measures

• misuse the Service in violation of applicable laws or participant rights

• use the Service with participants without the explicit consent and participant information required under section 3

• engage in excessive automated use, scraping, or other activity that degrades Service performance or security

• conduct security testing, penetration testing, or vulnerability scanning without Chiasm's prior written authorisation

Operational limits

Chiasm may enforce API rate limits, usage quotas, throttling, or block suspicious traffic to protect the Service, other customers, and legal compliance.

Chiasm may suspend access where necessary to protect security, integrity, or legal compliance.

6. Support and Maintenance

Chiasm provides standard technical support on a best-effort basis, including:

• bug fixes and error resolution

• assistance with platform usage

• documentation and general guidance

Support does not include:

• study design or methodological advice

• data analysis or interpretation

• custom feature development

Optional enhanced support services may be offered under separate agreements or subscription tiers.

7. Fees and Payment

Use of the Service may require a paid subscription or an invite-only trial entitlement.

Fees are specified in the applicable subscription plan, pricing page, checkout flow, or order form and are exclusive of VAT and other applicable taxes unless stated otherwise.

7.1 Stripe billing

Chiasm uses Stripe to manage hosted checkout, subscriptions, payment methods, invoices, receipts, tax calculation, and the customer billing portal. By subscribing through Stripe Checkout or managing billing through the Stripe Customer Portal, you also interact with Stripe's hosted services.

Chiasm does not receive or store raw payment card numbers. Payment method details are handled by Stripe.

7.2 Subscription plans and renewal

Subscription plans may be monthly, annual, metered, or a combination of fixed fees and metered usage. Unless cancelled before renewal, subscriptions renew automatically for the applicable billing interval.

Annual plans may include monthly usage allowances and monthly metered overage invoices in addition to the annual base subscription renewal. Annual plans do not include rollover unless expressly stated in the applicable plan.

7.3 Trials

Invite-only trial plans are created by Chiasm and do not require Stripe payment details. Self-service introductory trials for paid or pay-as-you-go plans may require a valid payment method upfront, are limited to one trial per customer organisation, and may include a limited amount of usage.

Unless you cancel before the trial ends, the subscription continues after the trial and applicable base fees, metered usage fees, and taxes may be charged automatically.

The trial end date and applicable post-trial subscription price and billing interval will be displayed at checkout or in the applicable plan terms before you subscribe.

7.4 Metered usage and participant-minutes

For billing purposes, a participant-minute is a billing unit equal to 1,980 processed frames for one participant, based on a nominal sampling rate of 33 frames per second. It represents one nominal minute of processed tracking data and may differ from wall-clock study duration if frame sampling, dropped frames, pauses, retries, calibration, or technical conditions affect the number of processed frames.

Chiasm converts frame counters into participant-minutes for metered billing by dividing processed frames by 1,980 and rounding to four decimal places. Metered usage is reported incrementally to Stripe on that basis. Frame-level records may be retained as needed to substantiate usage. Monetary charges on invoices are rounded to the nearest cent at invoice level by Stripe.

If your usage exceeds the included allowance, effective rollover balance, or configured usage limit for your plan, additional metered overage fees may apply. Dashboard usage estimates are provided for convenience. Final usage is determined by Chiasm's usage records; Stripe invoices reflect those records. If an invoice contains an error, Chiasm may correct it through an adjusted invoice or credit note.

7.5 Taxes, billing details, and invoices

You are responsible for providing accurate billing address, tax ID, VAT number, and payment information. Stripe may calculate VAT, sales tax, GST, or similar taxes based on that information and Chiasm's active tax registrations.

Invoices, receipts, payment methods, billing address, and tax IDs are managed through Stripe Checkout or the Stripe Customer Portal unless otherwise agreed in writing. For subscriptions or order forms billed outside self-service checkout, invoices must be paid within 30 days unless otherwise agreed.

7.6 Plan changes, cancellation, and refunds

Plan upgrades, downgrades, billing interval changes, and cancellation may be handled through the dashboard or Stripe Customer Portal. Stripe may calculate prorated charges or credits when a plan changes during a billing period.

If you schedule cancellation through the Stripe Customer Portal, access continues until the end of the current paid period or trial period unless these Terms allow earlier suspension or termination. Fees already paid are non-refundable except where required by law or expressly agreed in an order form.

Deleting an account, uninstalling the SDK, or ceasing to use the Service does not automatically cancel a paid subscription unless the subscription is cancelled through the dashboard, Stripe Customer Portal, or by written request accepted by Chiasm.

7.7 Payment method authorization

By providing a payment method at checkout, you authorise Chiasm and its payment processor (Stripe) to charge subscription fees, applicable taxes, and metered usage charges according to the selected plan.

7.8 Failed payments and suspension

If a payment fails, Stripe may retry according to its configured dunning schedule. Chiasm may suspend access to product-value features if payment remains outstanding after the retry period. Suspension does not relieve you of the obligation to pay outstanding fees.

7.9 Billing disputes

Billing disputes must be raised within 30 days of the invoice date by contacting contact@chiasm.eu. Undisputed amounts remain payable. Chiasm will investigate disputes in good faith and provide frame-level usage records where relevant.

8. Intellectual Property

Licence to use the Service

Subject to these Terms and payment of applicable fees, Chiasm grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service, API, SDK, documentation, and software library solely for your internal research, testing, and analysis purposes. You may not sublicense, resell, or redistribute any part of the Service without prior written consent.

All intellectual property rights in the Service, including software, algorithms, models, and documentation, remain the exclusive property of Chiasm.

Customers retain all rights in their own research data, study designs, and results.

Chiasm does not acquire ownership of customer data and processes such data only as necessary to provide the Service, in accordance with the DPA.

9. Availability

We use reasonable efforts to ensure high availability of the Service. However, the Service may occasionally be unavailable due to maintenance, updates, or technical issues.

Chiasm does not guarantee uninterrupted or error-free operation.

Unless expressly agreed in a separate service level agreement or order form, Chiasm does not provide uptime commitments, service credits, or financial remedies for downtime or degraded performance.

10. Disclaimers

The Service is provided on an “as is” basis.

Chiasm does not warrant:

• accuracy of research outcomes

• suitability for a specific scientific purpose

• uninterrupted availability

• fitness for regulatory or clinical use

Research validity and interpretation remain the responsibility of the customer.

11. Limitation of Liability

To the maximum extent permitted by law:

• Chiasm's total aggregate liability arising out of or relating to the Service, whether in contract, tort, or otherwise, is limited to the fees paid by the customer to Chiasm for the Service in the 12 months preceding the event giving rise to the claim

• If no fees were paid in that period (for example during a free or introductory trial), Chiasm's total aggregate liability is limited to EUR 100

• Chiasm is not liable for indirect or consequential damages, including loss of data, loss of profits, or reputational harm

• Customers remain solely responsible for ethical approvals, regulatory compliance, and study outcomes

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law.

You shall indemnify Chiasm against claims arising from your unlawful use of the Service, breach of participant rights, failure to obtain required ethics approvals, or breach of data protection obligations under the DPA.

12. Termination

These Terms remain in effect for the duration of your subscription or use of the Service.

We may suspend or terminate access if:

• you materially breach these Terms

• you misuse the Service unlawfully

• continued access would create security or legal risk

Upon termination, data will be handled in accordance with the DPA and customer instructions.

Following termination, customer data may remain available for export through the Service for 60 days unless earlier deletion is requested or required by law. After that period, Chiasm may delete customer data in accordance with the DPA and retention policies.

The following sections survive termination: fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, data protection, governing law, dispute resolution, and any other provisions that by their nature should survive.

13. Confidentiality

Both parties must keep confidential any non-public information obtained through use of the Service, unless disclosure is required by law.

14. Changes to these Terms

We may update these Terms from time to time. For material changes affecting an active paid subscription, we will provide at least 30 days' notice via email or dashboard notification.

Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If a material change adversely affects you, you may terminate your subscription before the change takes effect without penalty.

15. Force Majeure

Chiasm is not liable for delay or failure to perform caused by events beyond its reasonable control, including outages of cloud providers, payment processors, internet infrastructure, cyberattacks, strikes, war, government action, or natural disasters.

16. Governing Law

These Terms are governed by the laws of the Netherlands.

Any disputes shall be submitted to the competent courts in Amsterdam.

17. Contact

For questions about these Terms, please contact:

Chiasm B.V.

Kastelenstraat 255 3, 1082EG Amsterdam, The Netherlands

KvK: 99335719

VAT: NL868938361B01

Email: contact@chiasm.eu