Brighter AI Technologies GmbH (brighter AI)
brighter.ai & portal.brighter.ai – Terms and Conditions
Last updated: 30. April 2021
Your use of brighter AI’s website (the “Website”), hosted under https://brighter.ai/, brighter AI’s customer portal (the “Portal”), hosted under https://portal.brighter.ai/, and our services made available through our Portal are subject to these terms and conditions (“Terms and Conditions”). brighter AI provides You certain image and video upload, redaction, editing, and download capabilities (the “Services”). By using our Portal or any of our Services, You agree to be bound by, and use our Portal and our Services in compliance with these Terms and Conditions.
Please be advised that We offer the use of our Portal and Services exclusively for businesses and business purposes, and NOT for consumers. You are not allowed to use our Portal and Services as a consumer.
IF YOU ARE NOT A BUSINESS REPRESENTATIVE OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SIGN UP TO AND USE OUR PORTAL OR OUR SERVICES.
These Terms and Conditions can be changed with regard to the use of the Website, Portal or Services, in accordance with the sentences below provided that the change does not have any impact on the contractual content that is material for the equivalency of our Services, and provided that such change is reasonably acceptable for You. We will inform You about the change of these Terms and Conditions in text form. If, in this case, You do not expressly disagree in writing within four weeks after receipt of the change notice, the change will be deemed to be effected and from this point in time, the changed version of the Terms and Conditions is binding for the existing agreements between Us and You. We will draw attention to this consequence in the change notice.
The definitions and rules of interpretation in this clause apply in these Terms and Conditions.
Account: Your subscription account for the Portal
Portal: brighter AI’s customer portal in which You can manage Your Account, Your contact and billing information, Your subscription, and get access to our Services
Effective Date: the date of acceptance (or deemed acceptance) of these Terms and Conditions by You
Initial Subscription Term: the initial term of the subscription to our Services as selected by You in the Account during the subscription process
Services: image and video upload, redaction, editing, and download capabilities provided to the end user via API or via the Portal under https://portal.brighter.ai/ and subdomains.
Subscription Fees: the subscription fees payable by You to brighter AI for the Services as selected and agreed to by You via Your Account. Subscription Fees are determined by reference to the quantity of data requested in relation to the selected User Subscription.
Subscription Term: the Initial Subscription Term together with any subsequent Renewal Periods
User Subscription: the user subscription(s) purchased by You which entitle You to access and use our Services in accordance with these Terms and Conditions
License to use
You are entitled to access our Website and Portal free of charge, while the use of our Services is subject to the payment terms laid down in these Terms and Conditions. Our Services are subject to subscription fees after a free trial period of 14 days.
Regarding our Services and subject to these Terms and Conditions, We grant to You for the Initial Subscription Term a limited, non-exclusive, non-transferable license to access and use our Services for Your reasonable business use, as applicable, and not for (re)sale, bundling, lease, or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms and Conditions. Except for the license granted to You, We retain all right, title and interest in and to our Services, including all related intellectual property rights. To the extent our Services contain components of Open Source Software, the respective owner of the Open Source Software grants You hereby use rights as defined in the applicable Open Source Software license.
Our Services are protected by applicable intellectual property laws. All rights in brighter AI’s Portal, Services, and Software especially without being limited to all copyright and other Intellectual Property Rights – shall be the sole and exclusive property of brighter AI, including without limitation brighter AI Software created to address a requirement of or in collaboration with users. Except as otherwise explicitly provided in these Terms and Conditions or as may be expressly permitted by mandatory applicable law, You will not, and will not permit or authorize any third party to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of any of our Software, Services or the Portal; (b) rent, lease, or sublicense access to any of our Software, Services or to the Portal; (c) circumvent or disable any security or technological features or measures of our Software, Services or the Portal; or (d) use our Software, Services or the Portal in any way other than good faith usage with respect to Your reasonable personal or business needs, as applicable. Any rights not expressly granted herein are reserved by Us.
You may not use our Website, Portal or Services for any unlawful purposes and must always be compliant with all applicable laws and regulations. In particular, You are prohibited from uploading to our Services or use any content or data that is unlawful or infringes any intellectual property rights of third parties. In case You infringe duties and obligations under the agreement to these Terms and Conditions or under statutory law, We are entitled to revoke the license.
We may temporarily limit or suspend access to our Services to prevent damages, if it is sufficiently probable that the continued use of our Services is in breach of these Terms and Conditions, or may result in harm to our Services, other brighter AI customers, or the rights of third parties in such a way that immediate action is required to avoid damages.
If any anonymized dataset based on our Services is published by You, a caption needs to be added that states “Dataset anonymized by brighter AI”, including a link to brighter AI’s website. You hereby accept this license.
Portal and Service Availability
brighter AI provides, during the Subscription Term, the Portal and the Services to You on and subject to the terms of these Terms and Conditions. We use commercially reasonable endeavours to make our Portal and our Services available 24 hours a day, seven days a week, except for:
(a) planned maintenance carried out during the maintenance window of 9:00 am to 2:00 am CET or CEST; and
(b) unscheduled maintenance performed outside normal business hours, provided that We have used reasonable endeavours to give You at least 6 hours notice in advance via Your Account or email.
The API of our Services has a guaranteed uptime of 99%.
We will, as part of our Portal and our Services, provide customer support services via self-service (e.g., FAQs or tutorial videos) or email during normal business hours with a non-guaranteed response within 24 hours.
Normal business hours are as follows: Monday-Friday, 9:00 am to 5:00 pm CET or CEST; excluding German public holidays.
The content or technique of the Portal or Services can be changed by us provided that the change does not have any impact on the contractual content that is material for the equivalency of our services, and provided that such change is reasonably acceptable for You. We shall notify You via Your Account or via email in the event that such changes and/or modifications are made and You further agree to accept any and all such changes.
Beta version disclaimer of our Portal
Please note that our Portal is a beta version which is still undergoing development and testing before its official release. Access to the Portal is free of charge and provided on an “as is” and “as available” basis. brighter AI does not give any warranties as to the suitability or usability of the Portal. You can use this beta version of the Portal for the purpose of testing. brighter AI will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of this Portal. Bugs, glitches, lack of functionality or other problems in the Portal can be reported through contact forms or via email at firstname.lastname@example.org. brighter AI will prioritize reported issues and use commercially reasonable endeavours to rectify them.
Access to our Portal and our Services
We do not provide You with the equipment to access our Portal or our Services. You are responsible for all fees charged by third parties related to Your access and use of our Portal or our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Portal or our Services without notice in case You fail to comply with essential obligations from these Terms and Conditions. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of all or any portion of our Portal or our Services in case You fail to comply with essential obligations from these Terms and Conditions. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that You post or submit for posting, and to restrict, suspend, or terminate Your access to our Portal or our Services at any time, in case of infringement of these Terms and Conditions or infringement of any applicable law, with or without prior notice, and without liability.
Our Portal and certain parts of our Services, are password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If You are authorized to gain access to any Password-Protected Areas, You agree that You are entirely responsible for maintaining the confidentiality of Your password, and agree to notify us, if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that You are entirely responsible for any and all activities that occur under Your Account, whether or not You are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of Your Account or any other breach of security in relation to Your password, our Portal, or our Services that is known to You.
Charges and payment
The access to our Portal in the Beta Version is free of charge, while the use of the brighter AI Software and Services is subject to a subscription and the following payment conditions. There is a free trial period of 14 days after the start of the subscription. After this free trial period of 14 days expires, Subscription Fees apply as follows.
You shall pay the Subscription Fees for the use of the brighter AI software and services to brighter AI as stated for Your subscription(s) that You select on the Website or via Your Account in the Portal.
All amounts and fees stated or referred to in these Terms and Conditions:
(a) shall be payable in Euros;
(b) are, subject to the Limitation of liability, non-cancellable and non-refundable;
(c) are exclusive of value added tax (VAT), which shall be added to brighter AI’s invoice(s) at the applicable rate.
For billing, Your usage is calculated based on “chargeable units”. One chargeable unit of Precision Blur equals 250 processed single images or 1 hour of processed video at 24 frames per second (i.e., 86400 processed video frames), or a proportional combination thereof. One chargeable unit of Deep Natural Anonymization equals 83 processed single images or 20 minutes of processed video at 24 frames per second (i.e., 28800 processed video frames), or a proportional combination thereof. In the calculation, fractions of chargeable units are rounded up to the nearest integer. Unused portions are forfeit at the end of each billing period.
Exemplary calculation of chargeable units:
- Customer usage:
- Precision Blur: 260 images and 100000 video frames
- Deep Natural Anonymization: 150 images and 30000 video frames
- Precision Blur: 260/250 + 100000/86400 = 2,197
- Deep Natural Anonymization: 150/83 + 30000/28800 =2,849
- Total: 2,197 + 2,849= 5,046 ≙ 6 chargeable units
You are obligated to provide via Your Account, credit card details and other relevant contact and billing information as brighter AI may require and, at all times, ensure that such information remains valid, up to date and complete. In the event that Your credit card and billing information is not valid, up to date and complete at any time, We shall be entitled to suspend Your Account and all access to our Portal and our Services until such information is provided.
By opening an Account and/or requesting a subscription, You authorize brighter AI to bill Your credit card for any relevant Subscription Fees. The Subscription Fee will be notified to You at the Effective Time or, at the time of requesting the subscription (as appropriate).
Subscription period and termination
The contractual relationship between You and brighter AI starts on the Effective Date and will unless otherwise terminated as provided in this clause, continue for the Initial Subscription Period and, thereafter, will be automatically renewed for successive periods in the same length as the Initial Subscription Period (Renewal Periods), unless:
(a) either party notifies the other party of termination via the user’s Account in the Portal or via email, at least 1 day before the end of the Initial Subscription Period or any Renewal Period, in which case the contract shall terminate upon the expiry of the applicable Initial Subscription Period or Renewal Period; or
(b) otherwise terminated in accordance with the provisions of these Terms and Conditions
Should You elect to terminate Your subscription, there will not be any refund issued for previous charges and no partial refunds for the ongoing subscription period.
Without affecting any other right or remedy available to it, either party can terminate the subscription with immediate effect by giving written notice to the other party if:
(a) the other party commits an essential material breach of any term of these Terms and Conditions, where the breach is irremediable or (if it is remediable) fails to remedy the breach within a period of 5 days after being notified in writing to do so;
(b) the other party repeatedly breaches any of the terms of these Terms and Conditions in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms and Conditions;
(c) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts;
(d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
On termination of these Terms and Conditions for any reason:
(a) all licences granted under these Terms and Conditions are immediately terminated and You shall immediately cease all use of our Services;
(b) Until the subscription term expires, You shall perform a final export of this data from the Service. Following the end of the subscription term, We will delete or overwrite Your data remaining on servers hosting the Service or the Portal unless applicable mandatory law requires retention. Retained data is subject to the confidentiality provisions of these Terms and Conditions. ;
(d) any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
Ownership of Your Content
You retain ownership of all intellectual property rights in any image or video submitted by You in the course of using our Services (“Content”). We do not claim ownership over any of Your Content. These Terms and Conditions do not grant us any licenses or rights to Your Content except for the rights needed for us to provide the Services and use of the Portal to You.
Deletion of Your Content
Any of Your uploaded original content is only stored for processing and deleted directly after processing. Your anonymized content is stored for 24 hours and then automatically deleted or deleted upon Your request prior to the 24 hours. Once deleted, the content will not be retrievable. You may download Your content from the Portal and our Services at any time prior to deletion without charge.
Our Portal is not a service for purposes of data storage. You are responsible to keep a copy for backup purposes of all data that You upload to our Portal, or create on our Portal or with our services. We will not be liable to You or to any third party for any data loss, or consequential damages caused by a data loss.
You must comply with all applicable laws when using our Portal and our Services. You will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information, including audio, visual, and audiovisual works, or other content made available through our Portal or our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (b) use any automated tool (e.g. robots, spiders) to access or use our Portal or our Services or to store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense Your access to our Portal or our Services to another person; (d) use the Portal or any Services or Service Content for any purpose except for Your own reasonable personal or business use, as applicable; (e) circumvent or disable any digital rights management, usage rules, or other security features of our Portal and our Services; (f) use our Portal and our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Portal or our Services; or (g) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Portal or our Services or any Service Content.
You are solely responsible for any Content and other material that You submit, publish, transmit, or display on, through, or with our Portal or our Services. You will not use our Portal or our Services to: (a) harm us or third parties in any way; (b) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; (c) upload, post, email, or otherwise transmit any Submission that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (e) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (f) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Portal or the Services or servers or networks connected to the Portal or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal or Services; (h) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (i) stalk or otherwise harass another; or (j) collect or store personal data about other users, or other persons without their explicit prior consent.
You will not share Your password or Your subscription key, let anyone else access Your Account, or do anything else that might jeopardize the security of Your Account. We reserve the right to remove any Content from our Website, our Portal, and/or Services, and/or disclose Content or other information relating to Your use of the Portal or Services (a) if required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us or this web site; (b) to protect and defend the rights or property of brighter AI; or (c) to act in urgent circumstances to protect the security or safety of any users of the Portal, Services or Website, or the public.
brighter AI is permitted to audit Your usage of the brighter AI Software for billing purposes permanently by counting processed frames of the usage in accordance with brighter AI standard procedures. You will not undertake any measure to circumvent or endanger the operation or security of our Portal or our Services. You shall take no steps, nor permit others to take any steps, which result in the Software being considered Open Source Software. You shall not place, sell, transfer or give copies of the Software in the Service to any sublicensee, customer, distributor, parent, subsidiary, affiliated party, or third party, in such a manner as to circumvent or attempt to circumvent the end of the licensing period.
You must take appropriate precautions against the possibility that the Portal or Service or any part thereof does not function properly (e.g. by performing data back-ups, error diagnosis and regular results monitoring). You shall comply with all the duties and obligations created under these Terms and Conditions and all applicable provisions of statutory law.
By agreeing to these Terms and Conditions, You agree to observe all applicable provisions and rules of data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the German Data Protection Law BDSG (Bundesdatenschutzgesetz). You grant us a nonexclusive right to process this data for the sole purpose of and only to the extent necessary for us to provide and support our Portal and our Services (including without limitation preparing backup copies or performing penetration tests); and to verify Your compliance with the provisions set forth in these Terms and Conditions. You shall maintain appropriate security standards for use of our Portal and our Services. You will not conduct or authorize penetration tests of our Portal or our Services without advance approval from us. You are solely responsible for determining the suitability of our Portal and our Services for Your business processes and for complying with all applicable legal provisions regarding personal data and its use of our Portal and our Services.
In case this is required by applicable law, We conclude a Data Processing Agreement with You which is an Annex to this Agreement. Its term is equal to the Term of the subscription.
Linking to our Portal and our Services
Framing of our Portal and our Services within or as part of any third-party services, or any other manner of incorporating parts of our Portal and our Services as part of another website or service, is not permitted without our prior written consent.
“brighter AI”, the brighter AI logo, and any other product or service name or slogan displayed on our Portal or our Services are trademarks of brighter AI and our suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us. You may not use any metatags or any other “hidden text” utilizing “brighter AI” or any other name, trademark or product or service name of brighter AI without our prior written permission. In addition, the look and feel of our Portal and our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of brighter AI and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Portal and our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide You with a mechanism to provide feedback, suggestions, and ideas, or to report bugs, glitches, lack of functionality, or other problems, if You choose, about our Portal and our Services (“Feedback”). You agree that We may, in our sole discretion, use the Feedback You provide to us in any way, including in future enhancements and modifications to our Portal and our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party.
Limitation of liability
brighter AI’s liability – irrespective of its legal ground – shall be limited as follows:
Liability for breaches of Cardinal Duties: brighter AI’s liability for slightly negligent breaches of Cardinal Duties shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of these Terms and Conditions.
Force Majeure: brighter AI shall not be responsible for any failure to perform its duties under these Terms and Conditions due to Acts of God and any time of delivery or performance agreed hereunder shall be extended by the time such Acts of God exist plus reasonable starting time thereafter. The Party affected by an Act of God shall inform the other Party without undue delay of such Act of God and the expected duration thereof.
No liability: brighter AI shall not be liable irrespective of the legal grounds except as expressly set forth above. brighter AI is not liable for the legal compliance of the Software, our Portal and our Services, especially not under United States laws. You bear the full responsibility for the lawfulness of use of the technology.
Limitation of Action: brighter AI’s liability shall be time-barred within the statutory period. In all other cases brighter AI’s liability as well as its duties for warranties shall be time-barred to a period of one year. Section 199 German Civil Code shall apply.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, directors, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by Your use of our Portal, our Services and Service Content, Your violation of these Terms and Conditions, or Your violation of any rights of a third party through use of our Portal, our Services, or Service Content.
The exercise of rights and obligations under these Terms and Conditions is under the condition that no applicable national or international export control laws prohibit this. You agree that You will not submit brighter AI Software to any government agency for licensing consideration or other regulatory approval without the prior written consent of brighter AI, and will not export the brighter AI Software to countries, persons or entities prohibited by applicable laws.
Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising under or in connection with these Terms and Conditions or their validity shall be governed by German law excluding its conflict of law terms and the UN Convention on Contracts regarding the International Sale of Goods (UN CISG). The exclusive place of jurisdiction shall be Berlin.
If a provision of these Terms and Conditions should be or become invalid or not contain a necessary regulation, the validity of the other provisions of these Terms and Conditions shall thereby not be affected. The invalid provision shall be replaced, and the gap be filled by a legally valid arrangement which corresponds as closely as possible to the intentions of brighter AI or what would have been the intention of brighter AI according to the aims of these Terms and Conditions, had they recognized the invalidity/gap.