This End-User License Agreement (the “Agreement“) is a legal agreement between you (either an individual or a single entity, hereinafter “User” or “You“) and Brightvox LLC (the “Company“), a Wyoming limited liability company, for the TensorVok™ software, including all associated media, printed materials, and electronic documentation (the “Software“).
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. License Grant and Ownership
Grant of License: The Company grants You a non-exclusive, non-transferable, limited license to use the Software solely for Your internal business operations.
Ownership: The Software is protected by copyright laws and international treaties. The Software is licensed, not sold. All intellectual property rights, including algorithms, source code, and trade secrets, remain exclusively with the Company.
User Responsibility: You assume full responsibility for the selection of the Software to achieve Your intended results and for the installation, use, and compliance with local laws.
2. Fees and Refund Policy
Consideration: The license fees paid by You are in consideration of the rights granted under this Agreement.
No Refunds: Except as required by mandatory local law, all payments are final and non-refundable. By accepting this Agreement, You acknowledge that once payment is processed or the license key is issued, You have no recourse for a refund.
3. Data Processing and AI Training Consent
Business Data: The Company processes only business-related user data (e.g., name, email) for account management and support.
AI Model Training (Opt-in): By using the Software, You explicitly allow the Company to use system-generated metadata (non-identifiable data such as object detection logs, performance metrics, and environmental parameters) for the purpose of AI model optimization.
Privacy Assurance: This metadata does not include Personal Identifiable Information (PII), raw video streams, or raw images. The Company will not access Your raw visual data unless a separate Data Processing Agreement (DPA) is executed.
Data Deletion: Transient data used for real-time alerts will be deleted per the project lifecycle, unless otherwise agreed in writing.
4. Software Restrictions
You shall not, and shall not permit any third party to:
Reverse engineer, decompile, or attempt to derive the source code of the Software.
Modify, translate, or create derivative works based on the Software.
Remove any proprietary notices, labels, or marks from the Software.
Use the Software for any illegal monitoring, harassment, or in violation of privacy laws.
5. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
6. Limitation of Liability
Exclusion of Damages: In no event shall the Company be liable for any indirect, incidental, or consequential damages (including loss of profits, business interruption, or data breach) arising out of the use of the Software.
Cap on Liability: The Company’s total cumulative liability for all claims related to this Agreement shall not exceed the total amount of license fees paid by You during the twelve (12) months preceding the claim.
7. Indemnification (User Liability)
You agree to indemnify, defend, and hold the Company harmless from and against any and all claims, liabilities, and expenses (including legal fees) arising out of Your specific deployment of the Software, especially regarding violations of local labor, privacy, or surveillance laws in Your jurisdiction.
8. Export Control
The Software is subject to United States export control laws. You represent and warrant that You are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.
9. Termination
This Agreement is effective until terminated. Your rights will terminate automatically without notice if You fail to comply with any term(s). Upon termination, You must cease all use of the Software and destroy all copies in Your possession.
10. Governing Law and Dispute Resolution
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
Arbitration: Any dispute arising out of this Agreement shall first be sought for resolution through good-faith negotiations. If unresolved, the dispute shall be settled by binding arbitration in Sheridan, Wyoming, or another location mutually agreed upon, under the rules of the American Arbitration Association (AAA).