Terms of Service

1. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the organization you represent. By using our Services, you represent that you meet these requirements.

2. Account Registration

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to transmit malware, viruses, or other harmful code
• Resell, sublicense, or redistribute the Services without our written consent
• Use the Services for surveillance, tracking, or monitoring of individuals in any manner that violates applicable privacy laws

4. Your Data

You retain all rights to the data you upload, submit, or connect to our platform ("Your Data"), including camera feeds, facility configurations, and operational records. You grant us a limited, non-exclusive license to use, process, and store Your Data solely to provide and improve the Services. We will handle Your Data in accordance with our Privacy Policy.

You are responsible for ensuring you have the necessary rights and permissions to share Your Data with us, including rights to camera feeds and any data originating from third-party systems you connect to our platform. You are also responsible for providing any required notice to individuals who may be captured on camera feeds processed by the Services.

5. Camera and Video Data

Our Services process video feeds from cameras you connect to the platform. By connecting cameras to the Services, you represent and warrant that:

• You own or have lawful authority to use and share the camera feeds
• You have complied with all applicable laws regarding video surveillance in your facilities, including providing any required notices to employees, visitors, or other individuals
• You will not use the Services to perform any form of biometric identification or tracking of individuals

6. Intellectual Property

The Services, including all software, algorithms, AI models, designs, text, graphics, and other content, are owned by Demist AI, Inc. and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited right to use them as permitted by these Terms.

Aggregated, anonymized insights derived from platform usage may be used by us to improve our AI models and Services. These insights will never identify you or your organization.

7. Fees and Payment

Certain features of the Services may require payment. Fees, billing frequency, and payment terms will be set forth in a separate order form or subscription agreement. All fees are non-refundable except as expressly stated in your agreement or required by law.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party and to use such information only for purposes related to these Terms. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party.

9. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

Our platform provides AI-generated measurements, recommendations, and operational insights based on camera feed analysis. These outputs are informational and should be validated against your operational requirements. Measurement accuracy may vary based on camera placement, lighting conditions, and other environmental factors. You are responsible for reviewing and validating all outputs before taking action.

10. Limitation of Liability

To the maximum extent permitted by law, Demist AI, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising out of your use of the Services. Our total liability for any claims arising under these Terms shall not exceed the amounts paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Demist AI, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Services at any time for any reason, including breach of these Terms. Upon termination, your right to use the Services ceases immediately. You may request export of Your Data within 30 days of termination, after which we may delete it.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms, contact us at:

Demist AI, Inc.
Email: legal@demist.ai