Secur3D Terms of Service

Last updated Nov 1, 2024

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of Secur3D’s services, including but not limited to the AssetSafe product, a solution for content moderation and IP protection (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue your use of the Service immediately.

2. Overview of Services

Secur3D provides tools for digital asset moderation, IP protection, and analysis, including functionalities such as asset similarity detection, IP infringement analysis, brand and explicit content detection, and customizable automation workflows. By using the Service, you accept the functionality and any limitations described within these Terms.

3. User Accounts and Access

3.1 User Registration

To access certain features of the Service, you may be required to create an account. You agree to provide accurate information and keep your account secure by maintaining confidentiality over your login credentials.

3.2 Account Termination

Secur3D reserves the right to suspend or terminate accounts that breach these Terms or engage in prohibited activities.

4. Permitted Use and Restrictions

4.1 License Grant

Secur3D grants a limited, non-exclusive, non-transferable license to access and use the Service per these Terms.

4.2 Prohibited Uses

Users are prohibited from:

• Uploading content that infringes intellectual property rights.
• Using the Service for unlawful purposes or disrupting its functionality.
• Attempting to reverse-engineer, tamper with, or bypass security measures.
• Accessing or attempting to access non-public areas of the Service.
• Probing, scanning, or testing the vulnerability of the Service.
• Using automated means, such as bots, to access the Service without authorization.
• Interfering with or disrupting any user, host, or network access to the Service.

5. Intellectual Property Ownership and License Scope

5.1 Ownership

All rights, title, and interest in and to the Service, including software, algorithms, proprietary content, and methodologies, belong exclusively to Secur3D. These Terms do not convey any rights of ownership; you are granted a limited license to use the Service as defined herein.

5.2 Feedback License

By providing feedback, comments, or suggestions, you grant Secur3D a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, and incorporate such feedback into the Service or other products without any obligation to you.

6. Content Ownership and Licensing Terms for Customer-Generated Data

6.1 Customer Content Ownership

Customers retain full ownership of assets and content uploaded for analysis. By using the Service, you grant Secur3D a non-exclusive, revocable license to process content solely for providing and improving the Service. This license is limited to the duration necessary for moderation, analysis, and product enhancements.

6.2 Disclaimer of User-Generated Content Responsibility

Secur3D does not claim ownership of user-generated content and is not liable for the legality, accuracy, or appropriateness of such content. Customers are solely responsible for the content they upload and any consequences arising from its use within the Service.

7. Data Privacy, Security, and Confidentiality

7.1 Data Collection

Secur3D collects and processes anonymized data for performance and functionality improvements. Content is processed per Secur3D’s Privacy Policy.

7.2 Data Retention

Content uploaded for moderation is retained only as long as necessary for Service operations. You may request deletion of your content at any time.

7.3 Data Security and Confidentiality

Secur3D employs industry-standard security measures to protect user data, including encryption and access control protocols. Data is handled with strict confidentiality and is only accessible to authorized personnel for Service-related purposes.

7.4 Compliance with Data Protection Laws

Secur3D adheres to relevant data protection regulations and implements robust security measures. Users have rights to access, correct, or delete their data, as outlined in the Privacy Policy.

7.5 Communication Through the Service

When communicating with Secur3D, avoid including sensitive or confidential information. Secur3D is not responsible for safeguarding information transmitted via the Service.

8. User Responsibilities and Compliance with Applicable Laws

8.1 Legal Compliance

Customers are responsible for ensuring that uploaded content complies with applicable laws, including intellectual property, privacy, and export control laws. Secur3D disclaims responsibility for liabilities arising from users' failure to meet legal compliance requirements.

9. Limitations on Liability for Moderation Decisions

9.1 Limitation on Moderation Decisions

The Service provides moderation and analysis results as advisory tools. Secur3D is not liable for any direct or indirect impact of moderation outcomes, including financial loss, reputational damage, or account suspensions.

10. Service Availability and Support (SLA)

10.1 Availability and Support

Secur3D strives to maintain 99.9% uptime for the Service, excluding scheduled maintenance. In case of disruptions, Secur3D will provide timely support per the support plan selected by the customer.

11. Customer Data and Analytics Usage Clause

11.1 Anonymized Data Usage

Secur3D may use anonymized, aggregated data generated from customer activity to improve functionality and create industry insights. Individual customer data will not be identifiable in any published analytics.

12. Limitations on Automated Content Decisions

12.1 Automated Content Decisions

The Service uses automated algorithms for moderation and IP detection. While Secur3D strives for accuracy, automated results may not be error-free, and Secur3D is not liable for actions based on these results. Customers should use moderation insights with professional judgment.

13. Termination for Non-Compliance with Acceptable Use

13.1 Termination for Misuse

Secur3D reserves the right to terminate or restrict access if a customer’s activities harm the Service’s integrity, breach laws, or violate these Terms.

14. Backup and Data Recovery

14.1 Data Backup and Recovery

While Secur3D takes reasonable steps to safeguard data, customers are responsible for backing up any content they upload. Secur3D does not guarantee data recovery in the event of system failure or data corruption.

15. Indemnification for Third-Party IP Claims

15.1 Indemnification for IP Claims

Customers agree to indemnify and hold Secur3D harmless from claims, damages, or legal fees arising from third-party intellectual property claims related to uploaded content.

16. Modifications and Discontinuation of Features

16.1 Service Modifications

Secur3D reserves the right to add, modify, or discontinue features within the Service at any time. Significant changes will be communicated through email or in-app notifications. Continued use after changes constitutes acceptance of revised Terms.

17. Force Majeure

17.1 Force Majeure

Secur3D shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, internet outages, labor strikes, or governmental actions.

18. Fees and Payment

18.1 Subscription Plans

The Service operates on a subscription model with tiered plans. Additional fees may apply for premium features or higher-compute functions.

18.2 Payment Terms

Users agree to timely payments per their subscription plan. Non-payment may result in suspension or termination of access.

19. Disclaimers and Limitation of Liability

19.1 “As-Is” Provision

The Service is provided on an “as-is” basis. Secur3D makes no warranties regarding the functionality or suitability of the Service for any particular purpose.

19.2 Limitation of Liability

Secur3D is not liable for any indirect, incidental, or consequential damages resulting from use of the Service. Total liability is limited to fees paid by the User in the past year.

20. Dispute Resolution and Governing Law

20.1 Governing Law

These Terms are governed by the laws of British Columbia, Canada.

20.2 Dispute Resolution

Any disputes arising out of these Terms shall be resolved through binding arbitration in British Columbia, Canada.

21. Changes to Terms

Secur3D reserves the right to modify these Terms at any time. Notice of significant changes will be provided, and continued use constitutes acceptance of the revised Terms.

22. Limitation on Claims

22.1 Timeframe for Claims

Any claim arising from the use of the Service must be filed within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred.

23. Assignment of Agreement

23.1 Assignment

Secur3D may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets. Customers may not assign their rights or obligations without Secur3D’s prior written consent.

24. Severability

24.1 Severability

If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.

25. Contact Information

For inquiries or support, please contact Secur3D via our contact form or at @contact@secur3d.ai .