Last Modified: June 10, 2025
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you and CVAT.ai Corporation ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, including our Privacy Policy, Subscription and Refund Policy, and Fair Usage Policy (collectively, these "Terms of Service"), constitute a legal and binding agreement governing your access to and use of cvat.ai (including but not limited to app.cvat.ai, status.cvat.ai, docs.cvat.ai) (the "Website"), including any content, functionality, and services offered on or through Website, and our software-as-a-service offerings (collectively with Website, “Services”). If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. YOUR USE OF OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SERVICES.
These Services are offered and available to users who are 18 years of age or older. By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are prohibited from accessing or using the Services.
Definitions
“Authorized User” means your employees, consultants, contractors, and agents who are authorized by you to access and use the Services under the rights granted to you pursuant to this Agreement and for whom a subscription to the Services has been purchased. You are responsible for the acts and omissions of your Authorized Users as they relate to this Agreement.
“Customer Data” means information, data, and other content, including but not limited to images, videos, annotations, and text, in any form or medium, that is submitted, posted, or otherwise transmitted by or on your behalf or an Authorized User through the Services. For the avoidance of doubt, Customer Data does not include any anonymized or aggregated data collected by the Company regarding the use of the Services, provided such data does not identify you or any individual.
“Documentation” means our user manuals, handbooks, and guides relating to the Services, as may be updated from time to time and provided by us to you.
Access and Use of the Services
(a) Provision of Access. Conditioned on your compliance with these Terms of Service, we grant you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services during the term of your subscription, solely for use by your Authorized Users in accordance with the terms and conditions herein. Such use is limited to your internal business purposes and may not be resold or used for the benefit of any third party.
(b) Use Restrictions. You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation to create or develop any service or product that is competitive with the Services. These restrictions are in place to protect the integrity of our Services and our intellectual property.
(c) Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are the valuable property of the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service grant you a limited license to access and use the Services for your internal business purposes as specified in your subscription. No ownership rights are being conveyed to you. All rights not expressly granted are reserved by the Company.
Customer Data
As between you and us, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You are solely responsible for the legality, reliability, integrity, accuracy, and quality of your Customer Data. You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, modify, and use and display the Customer Data, and perform all acts with respect to the Customer Data as may be necessary for us to provide the Services to you. This license is granted solely for the purpose of operating, providing, and improving the Services. We may also use Customer Data in an aggregated and anonymized form for research, analytics, and to improve and market our services, provided that such data does not identify you or any individual.
Subscription Plans and Payment
CVAT.ai offers both a free subscription plan and several paid subscription plans ("Paid Plans"). The specific features, usage limits, and capabilities of the Services available to you depend on the subscription plan you select. For complete and current details on the features and pricing of each plan, please visit our official pricing page on the CVAT.ai Website (https://www.cvat.ai/pricing/cvat-online).
By selecting a Paid Plan, you agree to pay all applicable fees ("Fees") as described on our Website for that plan. All Fees are billed in advance on a recurring basis (e.g., monthly or annually) and are non-refundable, except as expressly stated in our separate Subscription and Refund Policy (https://www.cvat.ai/refund-policy).
Should your payment fail or charges be overdue, we reserve the right to suspend your access to the Services or downgrade your account to the free plan until the outstanding balance is paid in full.
All Fees are exclusive of applicable federal, state, local, or other governmental taxes, duties, or charges (“Taxes”). You are solely responsible for the payment of all Taxes associated with your purchase of the Services.
Confidential Information
From time to time during the Term, either party (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party") information about its business affairs, products, services, confidential intellectual property, trade secrets, and other sensitive or proprietary information. The Receiving Party shall not disclose the Disclosing Party’s Confidential Information to any person or entity, except to the Receiving Party’s employees who have a need to know the Confidential Information for the Receiving Party to exercise its rights or perform its obligations hereunder and who are bound by confidentiality obligations at least as protective as these terms. The Receiving Party will use at least the same degree of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING ANY SOFTWARE, DOCUMENTATION, AND ALL CONTENT PROVIDED THROUGH IT) IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND. CVAT.AI, ON BEHALF OF ITSELF AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CVAT.AI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT SERVICE OUTPUT (INCLUDING ANY ANNOTATIONS, DATA OR MODELS) WILL BE ACCURATE OR RELIABLE, THAT SERVICE AVAILABILITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. CVAT.AI DOES NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR SYSTEMS, OR THAT CUSTOMER DATA WILL NOT BE LOST OR DAMAGED. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM CVAT.AI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS (SUCH AS CERTAIN STATES OR COUNTRIES) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN SUCH CASE, THE WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CVAT.AI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF CVAT.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CVAT.AI WILL NOT BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO, COMPROMISE, OR ALTERATION OF CUSTOMER DATA OR OTHER TRANSMISSIONS OR DATA; OR (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
LIABILITY CAP. TO THE EXTENT NOT PROHIBITED BY LAW, CVAT.AI’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS AND OBLIGATIONS ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE SERVICE WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO CVAT.AI UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IF THE TERM OF SERVICE USAGE HAS BEEN LESS THAN 12 MONTHS, THE TOTAL FEES PAID FOR SUCH SHORTER PERIOD).IF CUSTOMER HAS PAID NO FEES, CVAT.AI’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED US $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR CAUSES OF ACTION WILL NOT ENLARGE THIS LIMIT. CUSTOMER AGREES THAT THE PRICING AND TERMS OF THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS SECTION AND THAT CVAT.AI WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
EXCEPTIONS; FURTHER LIMITATIONS. NOTHING IN THIS SECTION 11 SHALL LIMIT OR EXCLUDE LIABILITY FOR CVAT.AI’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY CVAT.AI, TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service (including the Fair Usage Policy), your use of the Website or Services, or any Customer Data you provide that infringes on the rights of a third party.
Governing Law and Jurisdiction
This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement: Each party agrees that any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, and the parties irrevocably consent to the personal jurisdiction and venue of such courts. Notwithstanding the foregoing, CVAT.ai may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN THE PARTIES SHALL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless the parties both agree, no arbitrator or court shall consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Waiver of Jury Trial
EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY in any civil action, proceeding, or counterclaim (whether sounding in contract, tort, or otherwise) arising out of or relating to this Agreement or the transactions it contemplates. This waiver is made knowingly and voluntarily after consultation with—or opportunity to consult with—independent legal counsel.
Term and Termination
We may suspend or terminate your access to all or part of the Services at any time, with or without cause, effective immediately upon notice to you. You may terminate your account at any time. Upon termination, all rights granted to you under these Terms will cease, and you must stop all use of the Services. Sections like Intellectual Property Rights, Confidential Information, Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law and Jurisdiction, Feedback, Export Control and Sanctions, Third-Party Services, Copyright Complaints, Changes to the Terms of Service shall survive termination.
Feedback
If you submit feedback or suggestions about our Services, we may use your feedback without obligation to you. You hereby grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate into the Services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by you or your users.
Export Control and Sanctions
You may not access or use the Services if you are located in any jurisdiction subject to U.S. government embargoes or sanctions or are listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export and re-export control laws and regulations.
Force Majeure
We will not be liable or responsible for any failure or delay in our performance under these Terms due to any cause beyond our reasonable control, including acts of God, war, terrorism, labor shortages or disputes, government orders, power or internet outages, or failures of third-party service providers.
Entire Agreement; Waiver; Severability
These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties. Our failure to enforce any right or provision shall not constitute a waiver. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.
Third-Party Services
The Services may include integrations or links to third-party services. We are not responsible for the availability, performance, or privacy practices of such third-party services, and your use of such services is at your own risk.
Copyright Complaints
If you believe that any content on the Website or Services infringes your copyright, you may send a notice of claimed infringement to our designated agent at:
Copyright Agent CVAT.ai Corporation
300 Delaware Ave, Suite 210, Mailbox 32693, Wilmington, DE 19801
Email: legal@cvat.ai
Please include the following information in your notice:
- Identification of the copyrighted work you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed;
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner;
- Your physical or electronic signature.
Changes to the Terms of Service
We may revise and update these Terms of Service, including the Fair Usage Policy, from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website or Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Your Comments and Concerns
This website is operated by CVAT.ai Corporation. All feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to: support@cvat.ai.
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