SmartLens Technologies, Inc. (“SmartLens,” “we,” or “us”) offers computer vision, natural language processing and other solutions built upon machine learning and artificial intelligence technologies. This agreement is our terms of service (“Agreement”) and it covers everything we offer, including the use of our online services, websites, APIs, account dashboard, documentation, models, features, functions, software, technical support, updates, upgrades and anything else we make available for use (collectively, the “Services”). USE OF AND ACCESS TO OUR SERVICES IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES. IF YOU’RE AGREEING TO THESE TERMS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS ON THAT ORGANIZATION’S BEHALF AND BIND THEM TO THESE TERMS (IN WHICH CASE, REFERENCES TO “YOU” AND “YOUR” INCLUDE THAT ORGANIZATION). You may only use the Services in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. We cannot and will not be responsible for your using the Services in a way that breaks the law. By using the Services you are agreeing, among other things, that you will not use the Services to (a) falsely imply any sponsorship or association with SmartLens; (b) post, transmit, store or link to any files, materials, data, text, audio, video, images or other content that infringe on any person’s intellectual property rights or that are otherwise unlawful; or (c) engage in any activities that are illegal, including disseminating, promoting or facilitating child sexual abuse material or engaging in human trafficking.
Please see our pricing. If you are using the Services pursuant to the Pay-as-you-go plan, you are responsible for monitoring your own usage. If you wish to continue using such Services, you must pay all applicable fees for such Services. You will be billed at the end of each month based on your usage and may view your usage in real-time on the SmartLens Dashboard [https://dashboard.smartlens.ai]. If you are on the Pay-as-you-go-plan and your payment for previous usage is declined, your API access will be temporarily suspended until the outstanding balance is paid. Enterprise customers have a billing grace period and will not have API access suspended immediately due to payment failure. In order to access those Services for which we require a fee (“Paid Services”) you will be required to provide SmartLens with your credit card information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method on a monthly, annual basis, or pay-as-you-go basis, or as otherwise applicable for the fees associated with the Paid Services that you sign up for. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method.
You are responsible for maintaining the confidentiality of all usernames, passwords, and other access credentials (such as API keys) created by or assigned to you (“Credentials”) and are solely responsible for all activities that occur with such Credentials. If you permit third parties to access your SmartLens account (e.g., by providing your API key), you do so at your sole risk and SmartLens will not be directly or indirectly responsible or liable to you in any manner, for any harms, damages, loss, lost profits, special or consequential damages, or claims, arising out of or in connection with such permission. You acknowledge that by permitting a third party to access your SmartLens account, the third party may obtain, modify, or delete your account data and settings. You agree to notify SmartLens promptly of any actual or suspected unauthorized use of any Credentials. SmartLens reserves the right to terminate any Credentials that SmartLens reasonably determines may have been accessed or used by an unauthorized third party and will provide immediate notice of such to you.
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, and all intellectual property rights related thereto, are the exclusive property of SmartLens (the “SmartLens Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such SmartLens Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SmartLens Content. Use of the SmartLens Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
We will make every effort to resolve a dispute on good terms. We truly hope that we never have to enter into litigation with our users and we imagine that most people feel the same way. If it gets to that point, this is what happens. In the interest of resolving disputes between you and SmartLens in the most expedient and cost effective manner, you and SmartLens agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SMARTLENS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The failure of either you or SmartLens to exercise any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain fully enforceable.