Terms of Condition
For purposes of this Agreement,
"Site" refers to the Company's website, which can be accessed at https://www.captemo.com/.
"Service" refers to the Company's services accessed via the Site, in which user(s) receives emotional intelligence analytics services using Company's solution such as "captemo".
The terms "we", "us", and "our" refers to the Company.
"You" refers to you, as a user of our Site or customer of our Service.
If you have entered into a separate written agreement with us for our solutions or services, your use of those solutions or services will be governed by that separate written agreement.
ABOUT THE SERVICES
The "Service" allows you to capture consumer emotions and insights using facial emotion expression detection technology, which also provides reporting and visualization of emotional responses.
You do not have to register in order to visit our Website. In order to access certain features of this Website, however, you may be required to register and create an account. When you register, you will be asked to provide the following personal information: your full name, email address, and other contact information.
If you register, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us at [email protected]. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section.
DEMONSTRATIONS OR PROOF OF CONCEPT OF SOLUTIONS
We provide demonstrations ("Demo(s)") or proof of concept (POC) of our solutions upon request. To obtain a Demo or POC of our emotion recognition software services, you should submit your request and a video or images to our attention, along with your name, email address, and other contact information to our email address at [email protected]. By submitting your request and video or images to us, you provide your consent to our use of any personal information that you provide to us. Upon completion of our analysis, we will provide you with the Demo or POC, which will contain the emotion expressions data from your video or images (the "Data").
You agree that we will retain all right, title, and interest in the proprietary and copyrightable elements of the Data and all trade secrets contained in the Demo or POC. We will grant you a non-exclusive, worldwide, royalty-free, transferable license to use the Demo or POC for your own internal business and evaluation purposes only. For the avoidance of doubt, you are expressly restricted from publishing or making the Demo available to the public and from disclosing or distributing the Demo or POC to any third party.
You grant to us a non-exclusive, worldwide, royalty-free, transferable license to process any video that you provide to us for Demo or POC purposes, to use such video for our own internal business and evaluation purposes thereafter, and to store any video that you provide to us. You warrant and represent that you solely own all right, title, and interest in any video that you provide to us, or that in the alternative, you have procured and will maintain all licenses necessary to authorize the rights set forth herein at no charge to us. You further warrant and represent that you have procured a release from any persons depicted in any videos supplied to us, which release authorizes us to use such person's image and likeness for the purpose of the Demo.
It is your responsibility to ensure that all images and videos that you submit are not harassing, threatening, libelous, obscene, indecent, unlawful, or violate the rights of any third parties.
USE OF OUR SOLUTIONS OR SERVICES
To use our Solutions or Services, you will need to enter into a separate Master Service Agreement (or "MSA") followed by the Statement of Work (or "SOW"). You should contact us at [email protected] to request a copy of our contractual agreements.
INTELLECTUAL PROPERTY IN WEBSITE
We shall retain ownership of all right, title, and interest in all copyrightable material on this Site, including but not limited to the design features, the look and feel, the organization and arrangement, the code, the text, the databases, and all content, as well as any marks, service marks, or logos featured on the Site. You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, access, or otherwise use for any purpose any portion of our Site contained therein for any commercial or non-commercial use without the express written consent of us as appropriate.
INTELLECTUAL PROPERTY VIOLATION COMPLAINTS
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property violation, then please notify us immediately by sending an email to our privacy office at [email protected]
, providing the following information:
Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
Contact Information. Your address, telephone number, and email address; and
Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.
OPERATION OF OUR WEBSITE
We use commercially reasonable efforts to maintain our Site and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident by sending an email to our privacy office at [email protected]
, and provide us with the following information:
Description of the Incident. The specific sequence of events which generated the incident, and a full description;
Description of Error Message. The exact wording of any error messages, if applicable; and
Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to our Site will be uninterrupted, or that the Site will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Site and Services are protected from viruses and other destructive software, but we cannot guarantee that either will at all times be free from such destructive software. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Site and the Services.
We reserve the right to discontinue operation of the Site and the delivery of our Services at any time for any reason in our sole discretion, and to make modifications to the operation of the Site at any time in our sole discretion.
SPECIFIC PROHIBITED USES OF OUR WEBSITE
Our Site should only be used for lawful purposes by visitors or users or customers who are interested in potentially subscribing to use our Services. We reserve the right (but do not have the obligation) to terminate or suspend the registration or Demos or POC of visitors or users or customers who do not appropriately use the Site. If you become aware of any inappropriate use, please notify us at our email address at [email protected].
We are very happy to hear from you and welcome your feedback and suggestions about our Site and Services or Solutions. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidentiality by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Site and Services and/or Solutions at our sole discretion without any obligation to you.
In the event that you submit any suggestions or ideas about the Site and Services or Solutions, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and to incorporate your idea into our intellectual property.
LIMITATION OF LIABILITY
You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Site or the evaluation of our Services or Solutions, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages). Our liability to you shall in no event exceeds the total aggregate amount of one hundred dollars for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
Any Demo or POC and Data therein that we provide to you at your request is provided on an "as is" basis. Your use of this Site, your reliance on any information contained herein, and your procurement of any Demo or POC or Solutions to evaluate shall be at your sole risk. We make no warranty regarding any results that you may obtain from using our Services or Solutions, or regarding the accuracy or reliability of any Data, nor can we warrant that the Demo or POC or any Services or Solutions will meet your requirements. We make no warranty that your access to the Site will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Services or Solutions, you may specifically waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to us, our Site, or your evaluation of our Services or Solutions. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By using this Site or evaluating or our Services or Solutions, you agree to indemnify, defend, and hold harmless us and our Site and our respective licensors, directors, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Site or your submission of any video or images or voice data to us, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys' fees.
ELIGIBILITY TO USE OUR WEBSITE AND EVALUTE OUR SERVICES OR SOLUTIONS
You agree that any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.