Terms of Service

Last Updated: 01-05-2025

Welcome to visionplatform.ai. These Terms of Service (“Terms”) set out the conditions under which you may access and use the products and services offered by visionplatform.ai B.V. (“visionplatform.ai,” “we,” “us,” or “our”), including our cloud platform, application-programming interfaces (APIs), AI model training and deployment tools, and any other features or offerings we make available (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to them, you must not access or use the Services.

1. Definitions

  • "visionplatform.ai" refers to visionplatform.ai B.V., a Besloten Vennootschap incorporated in the Netherlands, with its principal place of business at Marconistraat 16, 3029 AK Rotterdam.
  • "User" means any individual or legal entity that registers for, accesses, or otherwise makes use of the Services.
  • "Agreement" (or “Contract”) consists of these Terms together with any Order Confirmation(s), the Shared Responsibility Addendum, and any separately executed written agreement between you and visionplatform.ai, which collectively constitute a binding agreement between you, as the Customer, and us.
  • "Customer" refers to the legal entity on whose behalf you enter into the Contract. If an individual sets up the Services in a personal capacity with no organizational affiliation, that individual is the Customer. When you register using an email address associated with a corporate domain, the corresponding organization is deemed the Customer, and it may modify or reassign user roles (including yours).
  • "Customer Data" refers to all video streams, images, metadata, and related information that you submit to or process through the Services.
  • "Output" means the results generated by the Services based on Customer Data, including detections, alerts, analytics, reports, and any other output provided by the Services.
  • "Subscription Plan" refers to the specific plan that a User selects, which dictates the scope, features, and fees associated with their access to the Services.
  • "Confidential Information" includes all information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

2. Acceptance of Terms

By registering for, accessing, or using the Services, you affirm that you have read, understand, and agree to these Terms, our Privacy Policy, our Data Processing Addendum (DPA), our Acceptable Use Policy, our Responsible AI Policy, and our Shared Responsibility Addendum. If you are using the Services on behalf of a company (Customer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

3. Changes to Terms

visionplatform.ai may update these Terms at any time. Any changes will become effective immediately upon posting the updated Terms on our website. We will notify you about significant changes. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. If you do not accept the new Terms, you must stop using the Services immediately.

4. User Accounts

  • Account Creation: To use the Services, you must create an account with accurate, current, and complete information.
  • Account Security: You and your organization (Customer) are responsible for protecting your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
  • Account Restrictions: You may not share credentials with others, register under a false identity, or create an account on another’s behalf without explicit consent.

5. Subscription and Fees

  • Subscription Plans: visionplatform.ai offers a range of subscription plans defining access levels and features. Details are available on our pricing pages or upon request.
  • Fees and Payment: Customer agrees to pay all fees associated with the chosen plan. All fees are non-refundable except as required by law or explicitly stated.
  • Automatic Renewal: Unless cancelled before renewal, subscriptions renew automatically at the applicable rate.

6. Use of Services

  • Use: Customers and Users must comply with the Acceptable Use Policy and Responsible AI Policy.
  • Prohibited Uses: You may not use the Services unlawfully, attempt unauthorized access, transmit malware, circumvent restrictions, or misuse outputs in ways that violate laws or ethical standards.
  • Service Availability: Cloud platform availability is defined in our Service Level Agreement (SLA).
  • Hybrid Responsibility: The Services involve both our cloud platform and Customer-operated local servers. visionplatform.ai is responsible for the cloud environment; the Customer is responsible for local servers, including operating system patches, firewall rules, and integrations with external systems. Details are provided in the Shared Responsibility Addendum.

7. Intellectual Property Rights

  • Your Ownership: Customer retains ownership of Customer Data and outputs generated. You grant visionplatform.ai a limited license to process Customer Data solely to provide and improve the Services.
  • Our Ownership: visionplatform.ai owns the Services and all related intellectual property. We grant Customers a limited, non-exclusive, non-transferable license to use the Services as described in these Terms.
  • Feedback: If you provide suggestions or recommendations, you grant us a perpetual, royalty-free license to use them without restriction.

8. Confidentiality

Both parties agree to safeguard Confidential Information with at least reasonable care and not disclose it except where permitted, required by law, or authorized in writing. Exceptions include information that is public, already known, lawfully obtained from others, or independently developed.

9. Data Protection and Privacy

visionplatform.ai processes Customer Data in compliance with applicable data protection laws (e.g., GDPR). Details are set out in our DPA and Privacy Policy. Customers are responsible for ensuring lawful video collection and obtaining necessary consents before submitting Customer Data.

10. AI-Specific Provisions

  • Use of AI Models: visionplatform.ai provides AI video analytics models. Outputs may vary depending on camera quality, environment, and training data. Customers should verify outputs before relying on them for critical decisions.
  • Responsibility for Output: Customers are solely responsible for the use of AI-generated detections, alerts, or reports.
  • Ethical Use of AI: Users must follow the Responsible AI Policy, ensuring fairness, transparency, and lawful deployment of AI.

11. Term and Termination

  • Term: These Terms apply from first access until terminated.

    Termination by Customer:
  • Customers on a monthly subscription may cancel at any time; the cancellation becomes effective at the end of the current monthly billing cycle.
  • Customers on a yearly subscription may cancel at any time; however, the subscription will remain active until the end of the then-current contract term. Yearly subscriptions automatically renew for another year unless the Customer provides written notice of termination at least two (2) months prior to the renewal date.
  • Early cancellation of a yearly subscription does not entitle the Customer to a refund of prepaid fees, except where required by law or explicitly agreed otherwise.
  • Termination by visionplatform.ai: We may terminate if you materially breach these Terms or misuse the Services. Immediate termination may occur if Services are used unlawfully.
  • Effect of Termination: Rights granted under these Terms cease immediately. Certain sections (e.g., confidentiality, liability, data) survive termination.
  • Data Portability and Deletion: Customers may export metadata and configurations while the subscription is active. After termination, visionplatform.ai will delete Customer Data unless legally required to retain it.

12. Disclaimer of Warranties

  • Free Services: Provided “as is” without warranties.
  • Paid Services: visionplatform.ai warrants that the Services will align with documentation, maintain uptime as per the SLA, and use best efforts to secure Customer Data. Remedies are limited to correction, service credits, or termination with pro-rated refund.

13. Limitation of Liability

visionplatform.ai will not be liable for indirect or consequential damages. Total liability for any claims is capped at the fees paid by Customer in the 12 months preceding the claim.

14. Indemnification

  • Customer Indemnity: You agree to indemnify visionplatform.ai against claims arising from your misuse of the Services or unlawful use of video data.
  • visionplatform.ai Indemnity: We will indemnify you against claims that our Services infringe intellectual property rights or arise from our serious negligence.

15. Governing Law and Jurisdiction

These Terms are governed by Dutch law. Any disputes will be heard exclusively in the courts of Rotterdam, Netherlands.

16. Miscellaneous

  • Entire Agreement: Includes these Terms, SLA, DPA, Acceptable Use Policy, Responsible AI Policy, Privacy Policy, and Shared Responsibility Addendum.
  • Severability: If a clause is invalid, the rest remain enforceable.
  • Waiver: Failure to enforce rights does not waive them.
  • Assignment: Customers may not transfer rights without consent; visionplatform.ai may assign freely.
  • Notices: Must be in writing, by hand, email, or registered mail.

results matching ""

    No results matching ""