Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you, the API user, or the entity you represent ("you", "your", or "User"), and Vizlook ("Vizlook", "we", "our", or "us"). These Terms govern your access to and use of our Vizlook services.
By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree with any part of these Terms, you may not access or use the Services.
If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1. Description of Services
Vizlook provides an API-based video search engine that processes video content (including visual and audio elements) to extract features, generate transcripts, and provide contextual information. Our APIs allow your AI products to search for and retrieve relevant video content and insights.
2. Account Registration and Access
2.1 Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to register for an account and use the Services. By creating an account, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
2.2 Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials (including API keys) and for all activities that occur under your account. You must notify Vizlook immediately of any unauthorized use of your account or API keys. We are not liable for any loss or damage arising from your failure to protect your account information.
2.3 API Keys: Vizlook will provide you with API keys to access and use the Services. Upon termination of your account or these Terms, you must immediately cease using and delete all API keys.
3. License to Use Services
3.1 Grant of License: Subject to your compliance with these Terms, Vizlook grants you a limited, non-exclusive, and revocable license to access and use the Services solely for your internal business purposes and in accordance with the API Documentation provided by Vizlook.
3.2 Restrictions: You shall not, and shall not permit any third party to:
- Use the Services in a manner that violates any applicable laws, regulations, or third-party rights (including privacy and intellectual property rights).
- Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Services or any proprietary models used therein.
- Use the Services to develop or train any artificial intelligence models or services that compete with Vizlook's products or services.
- Remove, alter, or obscure any proprietary notices (e.g., copyright and trademark notices) on the Services.
- Attempt to circumvent or disable any security or technological features of the Services.
- Use the Services to generate, process, or disseminate content that is illegal, harmful, offensive, defamatory, or infringes upon any third-party rights.
- Employ automated tools to access the Services other than through the approved APIs.
4. User Responsibilities & Content
4.1 Your Content: You are solely responsible for all data, content (including video content, visual and audio elements therein), information, materials, and queries ("Your Content") that you submit, upload, or process through the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to provide Your Content to Vizlook for processing as contemplated by the Services and these Terms.
4.2 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services, including, without limitation, privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
4.3 Data Privacy: You acknowledge and agree that you are the Data Controller for Your Content, and Vizlook acts as a Data Processor. It is your responsibility to inform your end-users about how their data is being collected and processed, and to obtain any necessary consents or establish other legal bases for such processing. We will process Your Content in accordance with our Privacy Policy and any applicable Data Processing Addendum (DPA) between you and Vizlook.
4.4 No Sensitive Personal Information: You agree not to submit or process through the Services any "sensitive personal information" (as defined under applicable data protection laws) or other highly confidential data, unless explicitly allowed by an executed DPA and you have all necessary legal bases to do so. Our API input fields are designed for general search queries and video references, not for the direct submission of personal information about your end-users. You bear sole responsibility for any such data you choose to submit.
4.5 Feedback: If you provide any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Vizlook a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our Services and for any other business purpose, without obligation of compensation or attribution to you.
5. Intellectual Property
5.1 Vizlook's IP: The Services, including all underlying technology, software, algorithms, AI models (Except third-party AI models), API Documentation, and all intellectual property rights related thereto (e.g., patents, copyrights, trademarks, trade secrets), are and shall remain the exclusive property of Vizlook and its licensors. You obtain only a limited right to use the Services as expressly granted in these Terms, and no ownership rights are transferred to you.
5.2 Your Content IP: As between you and Vizlook, you retain all intellectual property rights in and to Your Content, subject to the license granted to Vizlook herein.
5.3 License to Your Content: You grant Vizlook a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (to our service providers and subcontractors) license to use, reproduce, modify, adapt, store, process, analyze, distribute, and display Your Content (including extracted features, transcripts, and contextual data) solely for the purposes of: (a) providing, maintaining, and improving the Services; (b) developing and enhancing our AI models and algorithms; (c) performing our obligations under these Terms; and (d) as required by law. This license terminates when you delete Your Content from the Services or terminate your account, except for data retained for legal or operational purposes as outlined in our Privacy Policy.
6. Fees and Payment
Access to certain Services may require payment of fees. You agree to pay all applicable fees according to the pricing and payment terms available on our website or as otherwise agreed in writing. All fees are non-refundable unless otherwise specified. Vizlook reserves the right to change its pricing at any time, with reasonable notice to you.
7. Service Availability and Modifications
7.1 Availability: We strive to ensure the Services are available and perform well. However, Vizlook does not guarantee uninterrupted or error-free operation of the Services. We may, at our sole discretion, suspend, restrict, or terminate the Services or any part thereof for maintenance, security, or other reasons.
7.2 Modifications: Vizlook reserves the right to modify, update, or discontinue any aspect of the Services (including the APIs and their features) at any time. We will provide reasonable notice for any material changes or deprecations of API features that may impact your use. Your continued use of the Services after such changes constitutes your acceptance of the modified Services.
8. Termination
8.1 Termination by You: You may stop using the Services and terminate your account at any time by following the instructions on our website or by contacting our support team.
8.2 Termination by Vizlook: We may suspend or terminate your access to the Services, or your entire account, immediately and without prior notice if:
- You breach any material provision of these Terms.
- You fail to pay applicable fees.
- We are required to do so by law.
- Your use of the Services poses a security risk or could harm Vizlook or our users.
8.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease. You must delete all copies of any Vizlook API keys, documentation, and data obtained through the Services (except for Your Content and its derivatives that you lawfully retained). Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. VIZLOOK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIZLOOK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF VIZLOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VIZLOOK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100 USD) OR (B)THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Vizlook, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of the Services.
- Your breach of these Terms.
- Your Content, including any claims that Your Content infringes or violates any third-party intellectual property or privacy rights.
- Your violation of any applicable law, regulation, or third-party rights.
- Your negligence or willful misconduct.
12. Governing Law and Dispute Resolution
12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. This choice of law does not limit any consumer protection rights that you may be entitled to in your country of residence under the laws of the European Economic Area, the United Kingdom, or Switzerland.
12.2 Informal Resolution: Before initiating any formal legal action, you agree to first contact Vizlook's customer support and attempt to resolve any dispute informally.
12.3 Arbitration (for US Users):
- Binding Arbitration: IF YOU ARE LOCATED IN THE UNITED STATES, you and Vizlook agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services that are not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Class Action Waiver: YOU AND VIZLOOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Exceptions: This arbitration agreement does not apply to claims for injunctive relief, intellectual property infringement claims, or claims brought in small claims court.
12.4 Jurisdiction (for EU/UK/Swiss Users and Exceptions to Arbitration): If you are located in the European Economic Area, the United Kingdom, or Switzerland, or if the arbitration clause in Section 12.3 is found to be unenforceable, then any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in [Insert Specific City/Country, e.g., Dublin, Ireland, or a neutral jurisdiction like Delaware, USA, if legally permissible and advantageous for a B2B SaaS company].
13. Changes to These Terms
Vizlook reserves the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
14. Miscellaneous
14.1 Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Vizlook regarding the Services.
14.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
14.3 No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Vizlook's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Vizlook's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Vizlook may freely assign or transfer these Terms without restriction.
14.5 Contact Information: For any questions regarding these Terms or the Services, please contact us at: support@vizlook.com