1. Acceptance of Terms
These Terms of Service (“Terms”) represent a legally binding agreement between Foveo Vision, Inc. (“Foveo”, “we”, “us”, or “our”) and the business entity or individual (“Client”, “User”, or “you”) subscribing to, downloading, or using our websites, software platforms (such as Model Studio), edge runtimes, APIs, or physical edge hardware (collectively, the “Services”).
By clicking to accept these Terms, or by otherwise registering, accessing, deploying, or utilizing any portion of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of an enterprise or other legal entity, you represent that you possess the authority to bind such entity to these Terms.
2. License & Software Use
Subject to your compliance with these Terms and payment of all applicable subscription fees, Foveo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Foveo Model Studio platform in a web browser for model training and management.
- Download, install, and run Foveo Edge runtime agents on nodes situated in physical environments owned or controlled by you.
- Integrate Foveo APIs and generated weights into your proprietary application architecture.
You agree not to modify, reverse engineer, decompile, or otherwise attempt to derive source code from any proprietary software components provided by Foveo.
3. Account Security
To use certain aspects of our Services, you must create a customer account. You agree to provide accurate, complete, and current information during the signup process and to keep this information up-to-date.
You are solely responsible for safeguarding the credentials associated with your account and for all activities that occur under those credentials. You must immediately notify Foveo of any actual or suspected unauthorized use of your account or security breach.
4. Acceptable Use Policy
Computer vision technologies are highly powerful. In using Foveo, you agree to adhere to strict ethical safeguards and legal standards.
You are strictly prohibited from training Foveo models, deploying Edge systems, or collecting footage for biometric profiling, mass surveillance in public spaces, tracking individuals without explicit legally-mandated consent, or generating unauthorized deepfakes.
Furthermore, you agree not to use the Services to:
- Infringe upon the intellectual property or privacy rights of any third party.
- Violate any local, state, national, or international privacy laws, including CCPA, GDPR, and biometric information privacy statutes (e.g., BIPA).
- Interfere with or disrupt the integrity or performance of Foveo cloud endpoints.
5. Fees and Payment
Subscription Fees: Client agrees to pay all fees associated with their selected pricing tier, edge device counts, or inference telemetry. All fees are billed in advance and are non-refundable unless specified otherwise.
Late Payments: Overdue balances may accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.
Tax Liabilities: All pricing rates are exclusive of applicable value-added, sales, use, or withholding taxes. Client is responsible for paying all such taxes.
6. Intellectual Property
Foveo Property: We retain all right, title, and interest in and to the Services, Foveo proprietary neural network architectures, pre-trained base weights, software documentation, and platform code.
Client Data: Client retains all ownership rights to any video files, image frames, and custom labeling data uploaded to Foveo dashboards. You grant Foveo a limited license to host and process Client Data solely to compile models and deliver the platform services.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOVEO VISION DISCLAIMS ALL WARRANTIES, 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 function without interruption, that computer vision inferences will be 100% accurate, or that the edge software is free of security vulnerabilities.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOVEO VISION SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL.
In no event shall Foveo's total aggregate liability for all claims arising out of or relating to the Services exceed the amounts actually paid by Client to Foveo in the twelve (12) months preceding the incident giving rise to the claim.
9. Governing Law
These Terms and any dispute arising hereunder shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in San Francisco, California.
10. Contact Us
If you have questions regarding these Terms of Service or need legal assistance, please contact us: