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Terms of use

Introduction

Welcome to CVAT.ai Corporation

CVAT.ai Corporation (“CVAT.ai”) maintains and operates the site https://cvat.ai  (“Site”) and the service https://app.cvat.ai  (“Service”). By using the Site and the Service, you confirm that you have read, understand, and agree to these terms and conditions (“Terms of use”). Please note that certain sections of the Service may have additional or different terms and conditions policies applicable to those sections of the Service. Any such additional or different terms will be posted on the applicable section of the Service. If you do not agree to this Agreement, please do not use the Site and the Service. If you have any questions connected with the present Terms of use, please contact us at https://cvat.ai/get-in-touch .

  1. What is a CVAT.ai

CVAT.ai is an interactive computer vision annotation tool. It’s an open-source data annotation platform for Computer Vision which is used to create high-quality data for AI. CVAT.ai was made to annotate data for future neural networks training.

  1. How to use Service

To start using the Service you have to go through simple registration for us to be able to identify you and give you access corresponding to your tasks and projects and render you services of the highest quality. We will process your data under the terms specified in the Privacy Policy (please note that by submitting your data to us you give us permission to send you informational letters about the Service and the actual materials in the field of AI. You can unsubscribe any time). After the registration you will be asked to confirm your email address, it will take just a few instants.

Right after registration you can start using the Service. For annotation you can upload any picture, video or dataset, provided that this use will not breach anyone’s intellectual property rights. CVAT.ai reminds you that you are solely responsible for such possible breaches. By uploading the data to CVAT.ai you grant CVAT.ai the right to save  and use the picture for the purpose of giving you access to your tasks, automatization and optimization of the annotation process. All other users of the platform will not be given access to your Data, except the cases they are your teammates.  We reserve the right to transfer your data to the related governmental bodies if we have a suspicion that it contains illegal materials including, but not limited to cruelty, violence, pornography, intolerance. You are informed that you are solely responsible for the data you provide.

CVAT.ai reserves the right to make new tools, features or functionality available from time to time through the Service and  add new services. From time to time CVAT.ai can make commercially reasonable updates to improve the Services without any prior notice, informing you about changes in the email with the address you used for registration.

  1. Software License

The CVAT.ai Service is developed by CVAT.ai Corporation on the basis of programming code developed under MIT License (link). You shall not use Service until you have first agreed to the Terms of use.

By email: contact@cvat.ai.

By visiting this page on our website: https://cvat.ai.

  1. Intellectual property rights

You are acknowledged and agree that the CVAT.ai, including but not limited to annotation tool itself, graphics, user interface, editorial content and software used to Service’s work contain proprietary information and material that is owned by CVAT.ai Corporation and its affiliates and partners, and is protected by applicable intellectual property and other laws, including but not limited to copyright law and patent laws. You agree that you will not use such proprietary information or materials in any way whatsoever except as part of your authorized use of the Service. This Site and Service shall not be reproduced in any form or by any means, except as expressly permitted by the present Agreement and corresponding license. You agree not to modify, rent, loan, sell, or distribute any part of the Service, the Site.  You  shall not use the Service and the Site in any manner not expressly authorized by CVAT.ai. Third party components (which may include open source software) of the Service may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer's use of that third party component. Please see the terms of MIT License.

  1. Termination or suspension of services

If you fail, or CVAT.ai reasonably suspects that you have failed to comply with any of the provisions of this Agreement, CVAT.ai can terminate your access  to the Service without any prior notice to you. In addition, CVAT.ai may, at its sole discretion, with or without notice, terminate your access to the Service, or the CVAT.ai Software itself for any or no reason if we feel that doing so is necessary to: comply with local, state, U.S. Federal, or international law; to preserve security and/or integrity of the CVAT.ai Software; to ensure the rights of others are not infringed; or to preserve national or international security; or for a force majeure event that continues for ten (10) days. If we determine that you have been using our Site or Service for illegal or potentially illegal purposes, we reserve the right to notify and cooperate with applicable law enforcement entities. CVAT.ai further reserves the right to modify, suspend, or discontinue any part of Site and Service at any time with or without notice to you, and CVAT.ai will not be liable to you or to any third party should it exercise such rights, unless otherwise is specially determined in the agreement (if it’s applicable).

Unless prohibited by applicable law, you will defend and indemnify Cvat.ai and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from your breach of the Present Terms of Use, your use of the Site and Service, using data or Model with the breach of the third-parties rights.

  1. Warranty disclaimer

CVAT.ai doesn’t make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

  1. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL CVAT.AI (OR ITS AFFILIATES) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Confidential information

The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.

Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party's reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users' use of the Services.

  1. Terms and Termination

This Agreement governs the relationship between you and CVAT.ai while using https://cvat.ai and https://app.cvat.ai. It doesn’t create third party beneficiary rights. If it turns out that any particular term is enforceable, this will not effect on any other part of the Agreement. CVAT.ai is entitled to change this terms of use any time keeping you informed about changes by sending the letters to the email.

CVAT.ai will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

  1. Miscellaneous

Neither party may assign the whole or any part of this Agreement without the written consent of the other, except to an Affiliate providing that the assignee has agreed in writing to be bound by the terms of this Agreement and the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and the assigning party has notified the other party of the assignment. Any other attempt to assign is void.

This Agreement does not create any agency, partnership or joint venture between the parties.

The Agreement shall be governed by and construed in accordance with the laws of Delaware.

Effective date: 09/20/2022