Terms and Conditions
Effective Date: 19 February 2026
Last Updated: 19 February 2026
Operator:
Phil Schenker Emissionsprüfungen
Winterthurerstrasse 554
8051 Zurich ZH
Switzerland
Email: phil@emissioneye.ai
1. Scope of Application
These Terms & Conditions ("Terms") govern the use of the website emissioneye.ai and the Emission Eye software and related services (the “Service”).
By accessing or using the Service, you agree to these Terms.
These Terms apply primarily to business customers (B2B). If mandatory consumer protection provisions apply, such provisions remain unaffected.
2. Description of Services
Emission Eye provides AI-based analysis of infrastructure imagery and environmental data, including but not limited to:
Methane and greenhouse gas detection
Infrastructure anomaly detection
Risk prioritization and monitoring
Analytical reporting and related software services
The exact scope of services is defined by the applicable agreement, offer, or subscription plan.
We reserve the right to modify, improve, or discontinue features of the Service at any time, provided that essential contractual obligations are not materially impaired.
3. Contract Formation
A contract is concluded when:
A written agreement is signed; or
A subscription is confirmed; or
The Service is activated upon acceptance of an offer.
Electronic agreements are valid under Swiss law.
4. User Obligations
You agree to:
Provide accurate and complete information
Use the Service only for lawful purposes
Not attempt to disrupt or compromise system security
Not reverse engineer, copy, or misuse the software
You are responsible for ensuring that your use complies with applicable environmental, data protection, and infrastructure regulations.
5. Intellectual Property
All intellectual property rights in the Service, including software, algorithms, AI models, designs, trademarks, and documentation, remain the exclusive property of Phil Schenker Emissionsprüfungen.
You receive a non-exclusive, non-transferable, limited right to use the Service for the duration of your contract.
No ownership rights are transferred.
6. Customer Data
You retain ownership of data uploaded to the Service.
You grant Emission Eye a limited right to process such data solely for:
Providing the Service
Improving system performance
Ensuring security and functionality
Data processing is governed by the Privacy Policy and, where applicable, a separate Data Processing Agreement.
7. Fees and Payment
Fees are determined by the applicable offer, contract, or subscription plan.
Unless otherwise agreed:
Payments are due within 30 days of invoice date.
Late payments may accrue default interest in accordance with Swiss law.
We reserve the right to suspend access in case of significant payment delay.
8. Availability and Maintenance
We strive to ensure high availability of the Service but do not guarantee uninterrupted or error-free operation.
Scheduled maintenance and necessary updates may temporarily affect availability.
9. Warranty Disclaimer
The Service is provided with due care and professional diligence.
To the extent permitted under Swiss law:
We do not guarantee specific detection results or regulatory outcomes.
AI-based analysis may contain limitations inherent to machine learning systems.
Customers remain responsible for independent verification where legally required.
10. Limitation of Liability
To the extent permitted under Swiss law:
We are liable only for damages caused by intentional misconduct or gross negligence.
Liability for slight negligence is excluded except where mandatory statutory provisions apply.
We are not liable for:
Indirect damages
Consequential damages
Loss of profit
Regulatory penalties incurred by the customer
Downtime caused by third-party infrastructure providers
Total liability, if applicable, is limited to the fees paid in the 12 months preceding the claim.
Mandatory liability under Swiss law remains unaffected.
11. Indemnification
You agree to indemnify and hold harmless Phil Schenker Emissionsprüfungen against third-party claims arising from:
Your unlawful use of the Service
Violation of applicable laws
Breach of these Terms
12. Term and Termination
The contract duration is defined in the applicable agreement or subscription plan.
Either party may terminate:
In accordance with agreed notice periods; or
With immediate effect for cause (e.g., material breach).
Upon termination, access to the Service may be suspended.
13. Confidentiality
Both parties agree to treat confidential business, technical, and commercial information as confidential.
This obligation survives termination.
14. Data Protection
Personal data is processed in accordance with the Swiss Federal Act on Data Protection (FADP) and the Privacy Policy available on emissioneye.ai.
15. Amendments
We may amend these Terms for future contractual relationships.
For ongoing contractual relationships, amendments require reasonable notice.
16. Severability Clause
If any provision of these Terms is invalid or unenforceable, the remaining provisions remain valid.
The invalid provision shall be replaced by a legally permissible provision that reflects the original economic intent.
17. Governing Law and Jurisdiction
These Terms are governed exclusively by Swiss law, excluding conflict of law provisions.
The exclusive place of jurisdiction is Zurich, Switzerland.
